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Agenda 11/19/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 19, 2002 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMI'i-rED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME iS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 November 19, 2002 INVOCATION AND PLEDGE OF ALLEGIANCE A. SWEARING IN OF COMMISSIONERS COYLE AND HALAS LAWRENCE MARTIN. B. Pastor G. Dale Benson, Naples First Church of the Nazarene BY JUDGE e AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. October 22, 2002- Regular Meeting SERVICE AWARDS PROCLAMATIONS A. Proclamation to recognize November 24-30 as National Farm City Week. be accepted by Mr. David Santee. To B. Proclamation to observe December 1, 2002 as National World AIDS Day. To be accepted by Andrea Taylor, Betty Ford and Betty Aubut. PRESENTATIONS A. Presentation by the United Arts Council of Collier County to present the Collier County Cultural Assessment and Plan. 6. PUBLIC PETITIONS A. Public Petition Request by Mr. Jim Kramer as received via facsimile. e BOARD OF ZONING APPEALS A. This item has bccn continued from the September 10, 2002 BCC Meetinq, This item requires that all participants be sworn in and ex parte disclosure bc 2 November 19, 2002 provided by Commission members. VA-2002-AR-2015 Austin White, of Becker and Poliakoff, P.A., representing unit owners of the Manatee Resort Condominium Association, requesting relief in the RT Zoning District from the 500 square foot maximum size for a hotel unit set forth in LDC Section 2.2.8.4.7.2.1, to allow four (4) units of the total 19 as-built units to have 3,200 square feet of floor area (includes 550 square foot lanai) and to allow 15 units to have 2,625 square feet of floor area (includes 543 square foot lanai), for property located at 9566 Gulfshore Drive, further described as the North 50 feet of Lot 14 and all of Lots 15 and 16, Block B, Conners Vanderbilt Beach Estates Unit 1, as recorded in Plat Book 3, Page 9, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-01-AR-431, James G. O'Gara representing Park East Development Ltd., requesting a rezone from "PUD" Planned Unit Development to PUD for the purpose of amending the Founders Plaza PUD to allow additional small-scale retail land uses only on those parcels that exceed 150 feet in depth for property located on the North and South sides of Golden Gate Parkway (CR 886) and at the Santa Barbara Canal Crossing in Section 28, Township 49 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation that the Board oJ County Commissioners adopt amendments to the Capital Improvement Element; Transportation Element; and Future Land Use Element of the Collier County Growth Management Plan, Ordinance No. 89-05, as amended, the "Concurrency" Amendments, DCA No. 02-2. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members.. Public Hearing to consider adoption (~J an Ordinance establishing the Fiddler's Creek Community Development District #2 (CDD2) pursuant to Section 190.005, Florida Statutes. g BOARD OF COUNTY COMMISSIONERS A. Discussion regarding the revision of the sign ordinance to allow for neon open signs at establishments. (Commissioner Fiala) Be Discussion regarding evening Board of County (Commissioner Henning) 3 November 19, 2002 Commissioner Meetings. 10. COUNTY MANAGER'S REPORT Approve a Revised Right-of-Way Permit and Inspection Fee Schedule for the Transportation Operations Department. (Norman Feder, Administrator, Transportation Division) Consider request for funding from Tourism Alliance of Collier County in approximate amount of $10,000 to terminate its corporate affairs. (Joseph K. Schmitt, Administrator, Community Development) Approval of a Memorandum of Understanding to establish an area of mutual concern within which both the City of Marco Island and Collier County will be provided a courtesy review of proposed Land Development Projects involving Incorporated and Unincorporated Areas along the SR 951 and CR 92 corridors within five miles of the Marco Island City Limits. (Joseph K. Schmitt, Administrator, Community Development) Review Tourist Development related advertising and promotion invoices, determine expenditures serve a public purpose, approve appropriate invoices for payment in the amount of $14,850.47 from Fund 194 Reserves, and deny payment of invoice in the amount of $3,857.00, as recommended by the Tourist Development Council. (Joseph K. Schmitt, Administrator, Community Development) Request approval and funding of two (2) full time positions to establish a Tourist Development Department, as recommended by the Tourist Development Council. (Joseph K. Schmitt, Administrator, Community Development) Transfer $35,000 of funds from Utility Regulation Reserves to fund outside legal services in support of Resolution 2002-428 opposing the Acquisition of th" Marco Island/Marco Shores Utility System by the Florida Water Services A~'.!hority. (Joseph K. Schmitt, Administrator, Community Development) Ge Award a Construction Contract under the Fixed Term Annual Contracts for the North County Water Reclamation Facility Oxidation Ditches Improvements, Project 73251. (Jim DeLony, Administrator, Public Utilities) Copies of complete back-up information will be available November 18, 2002 in the Communications and Customer Relations Department, First Floor, W. Harmon Turner Building, 3301 E. Tamiami Trail, Naples, FL. 4 November 19, 2002 11. 12. PUBLIC COMMENTS ON GENERAL TOPICS COUNTY ATTORNEY'S REPORT Ae This item has a Time Certain of 12:00 noon. Closed Attorney-Client Session pursuant to Section 286.011(8), Fla. Stat., to discuss Settlement Negotiations/Litigation Expenses in Aquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida. For the Board of County Commissioners to provide direction to outside Counsel, Ted Tripp, Esq., and the Office of the County Attorney as to Settlement Negotiations/Litigation Expenses in Aquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, now pending in the United States District Court of the Middle District of Florida. Recommendation that the Board of County Commissioners ratify and authorize the retention of Ted Tripp, Esq., and the Law Firm of Garvin and Tripp to represent Collier County in the Bert Harris Act Claim filed by Aquaport Plaintiffs. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Status report regarding potential expense on mosquito control boundaries. (John Dunnuck, Administrator, Public Services) 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and ~ctior will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Naples Gateway, Phase I". 5 November 19, 2002 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Catamaran Court at Tarpon Cove". Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Tarpon Cove". Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Twenty- Two". Request to approve for recording the final plat of "Hemingway Place" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pine Air Lakes Unit One". Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Stonebridge Unit Three". Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Huntington Lakes Unit Two". Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Huntington Lakes Unit Three". Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Huntington Lakes Unit Four". Petition CARNY-2002-AR-3335, Pastor Ettore Rubin, C.S., Our Lady of Guadalupe Church, requesting permit to conduct a carnival from November 27 through December 1, 2002, on Church property located at 207 South 9th Street, Immokalee. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-003 styled Board of County Commissioners Collier County, Florida vs. Lloyd L. Bowein regarding violation of Sections 2.7.6.5, as amended of the Collier County Land Development Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-065 styled Board of County Commissioners Collier County, Florida vs. Leonardo Portal egarding violation of Ordinance No. 91-102 as amended, Sections ~..7.6.1 and 1.5.6 of the Collier County Land Development Code. Recommendation to approve Commercial Excavation Permit No. 59.835/AR-3135 "Livingston Lakes Commercial Excavation", located in Section 30, Township 48 South, Range 26 East; bounded on the North by vacant agriculture zoning and stiles PUD, on the West by Livingston Road right-of-way, on the East by Donovan Center PUD, and on the South vacant agriculture zoning. 6 November 19, 2002 TRANSPORTATION SERVICES 1) Approve a Budget Amendment to combine funds in the Radio Road Beautification MSTU into one Project Number 60081 in the amount of $155,800. 2) Approve a Budget Amendment to transfer funds from the Golden Gate Parkway Landscape Maintenance Account into the CR951 Phase A and B Landscape Maintenance Account. 3) Request that the Board of County Commissioners approve a donation agreement and accept a drainage easement from the Sabal Lake Subdivision Homeowners Association, Inc., for a parcel of land containing 0.07 acres for the purpose of providing additional drainage within the community which will allow the County legal access as required for all common drainage facilities within the common area of this development. 4) Approve a Budget Amendment to recognize unanticipated revenue in the amount of $1,400,000 for the proposed Immokalee Road/I-75 Interchange Project for the improvements related to the Tarpon Bay Boulevard/Northbrooke Drive Intersection Improvements, Project No. 66042A. 5) Approve Resolutions to establish "No Parking" Zones along the County road rights-of-way of Industrial Boulevard and Corporate Square Boulevard at a cost of approximately $2600. 6) Approve an Interagency Agreement between Collier County and the State of Florida Department of Corrections, Hendry Correctional Institution, for continued use of inmate labor in road maintenance activities. 7) Request the Board to adopt a Resolution authorizing Transportation Division Administrator and Transpcrtation Maintenance Director to sign the Certification of Disbursements for the FDOT Asset Management Maintenance Agreement, Contract Number BD-418, Financial Project Number 412918-72-01. 8) Approve Work Order No. BRC-FT-02-04 with Better Roads Inc., for median improvements in the amount of $128,317.75 on Pine Ridge Road, Project No. 60016, and adopt a Resolution reducing the speed limit on Pine Ridge Road from forty-five miles per hour (45 MPH) to forty miles per hour (40 MPH) in the vicinity of Naples Boulrvard Intersection. 9) Approve Budget Amendments to carry forward funds in several projects to re-open purchase orders in FY03 that were closed by mistake in FY02 in the amount of $100,996.70. PUBLIC UTILITIES 1) Approve Budget Amendment to cancel the Marco Island Breakwater Modifications Project and return to the Tourist Tax Reserves $699,500. 7 November 19, 2002 PUBLIC SERVICES 1) Approve a Budget Amendment for the increase in Medicaid Waiver Revenue and Program Costs in the amount of $16,930. 2) Approve a Lease Agreement with the Florida Department of Transportation for Collier Boulevard Boating Park. 3) 4) 5) Approve a Florida Recreation Development Assistance Program Grant Agreement for up to $120,000 for improvements at Bayview Park. Award Work Order #PBS-02-06 in the amount of $190,161 to Professional Building Systems for the renovation of Immokalee Airport Park. Authorize temporary closure of 11th Street in Immokalee for safe access into the Farm City Barbeque to be held November 27, 2002, E. ADMINISTRATIVE SERVICES 1) Award Contracts #02-3371 "Fixed Term Professional Transportation Planning Consulting Services" (Estimated Annual Amount $275,000). 2) Approve Change Order No. One, Work Order BSSW-02-01, in the amount of $10,275.00, with Barany, Schmitt, Summers, Weaver and Partners, inc. for design services for construction of EMS #19. 3) Recommendation that the Board of County Commissioners approve and ratify a Settlement Agreement resolving the Lawsuit styled Collier County vs. Chesley McDonald, Case No. 02-1520-CC, County Court, Twentieth Judicial Circuit in and for Collier County, Florida. 4) Approval of a Contract between Collier County and Community Health Partners Inc., for managed care services for the County's Group Health and Workers' Compensation Program. 5) Approve an Amendment to Agreement for the conveyance of GAC Trust Reserved Lands to the District School Board of Collier County, Florida, for future construction of an elementary school in Golden Gate Estates, not to exceed ten dollars ($10.00). 6) Approval of elimination of the Sick Leave BanL Program and an increase in the Short Term Disability Benefit Program. COUNTY MANAGER 1) Award hurricane shelter upgrade and retrofit Contract #02-3429 to Storm Smart Building Systems, Inc., for the roof retrofit and shutter upgrade of the Laurel Oak and Vineyards Elementary Schools in the amount of $48,750. This project is 100% reimbursed from the State. 8 November 19, 2002 2) Selection of Underwriters (RFP 02-3435) in anticipation of financing future infrastructure improvements in Collier County. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to adopt the Budget Amendment appropriating Carry Forward and Expenditure Budgets for open purchase orders at the end of Fiscal Year 2002. 2) Recommendation that the Board of County Commissioners approve Carry Forward Funding for the Sheriff's Office. 3) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Goods and Services Document is on display in the County Manager's Office, 3301 E. Tamiami Trail, W. Harmon Turner Building, Naples, FL. K. COUNTY ATTORNEY 1) 2) 3) Recommendation that the Board of County Commissioners adopt and ratify the termination of a Lawsuit against a Collier County Employee, which sought reimbursement of a debt owed to the County by the Employee in the sum of Eleven Hundred Three Dollars and Sixty-Two Cents ($1,103.62), plus costs, on the basis that the County 'Employee has filed a Chapter 7 Bankruptcy. Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 101 in the Lawsuit styled Collier County v. Roberto Bollt, Successor Trustee, under Land Trust Agreement Dated 1/27/86, et al, Case No. 00-2433-CA (Randall Boulevard/Immokalee Road Intersection) Project #60171. Acceptance of payment of previously unpaid Education, Community and Regional Parks and Library Impact Fees for Bentley Village and Education 9 November 19, 2002 4) 5) Impact Fees for Encore Senior Living and approval of refunds due to facilities. Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 132 in the Lawsuit styled Collier County v. James R. Colosimo, Trustee under Unrecorded Land Trust Agreement dated 12/10/92, et al, Case No. 00-0138-CA (Pine Ridge Road Project #60111). Approve the Stipulated Final Judgment relative to the Fee Simple Acquisition of Parcel 171 in the Lawsuit Styled Collier County v. Ismael Gonzales, et al, Case No. 02-2159-CA (Immokalee Road Project #60018). 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRI'I-I'EN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. Ae Petition PUDA-2002-AR-2566, Robert Mulhere of RWA, Inc., representing J.E.D. of Southwest Florida, Inc., and Colony Corporate Center, Inc., requesting an amendment to the "Pelican Marsh" Planned Unit Development (PUD), for the purpose of increasing the allocation of Medical Office Space allowed from 9,000 square feet to 26,000 square feet within the approved overall general office leaseable floor area of 295,800 square feet for property located North of Vanderbilt Beach Road (CR 901) and East of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. Companion item to DOA-2002-AR-2567. ag Petition DOA-2002-AR-2567, Robert Mulhere of RWA, Inc., representing J.E.D. of Southwest Florida, Inc., and Colony Corporate Center, Inc., requesting an amendment to the "Pelican Marsh" Development of Regional Impact (DRi) for the purpose of increasing the allocation of Medical Office Space allowed from 9,000 square feet to 26,000 square feet within the approved overall gene,:al office leaseable floor area of 295,800 square feet and to correct a Scrivener's Error contained within the Development Order for property located North of Vanderbilt Beach Road (CR 901) and East of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. Companion item to PUDA-2002-AR-2566. Request that the Board of County Commissioners adopt an Ordinance amending Collier County Ordinance No. 2001-76, as amended, which created 10 November 19, 2002 the Livingston Road Phase II Beautification Municipal Service Taxing Unit; providing for amendment to Section Six to increase the number of members who serve on the Advisory Committee from five to nine; providing for amendment to Section Six to limit membership on the Advisory Committee to three members from each subdivision or community; providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability; and providing for an effective date. Request the Board adopt an Ordinance amending Collier County Ordinance No. 96-84 which created the Radio Road Beautification Municipal Service Taxing Unit; providing for amendment to Section Three to expand the purpose to include the cost for curbing, watering facilities, plantings and maintenance of the median areas of any public roadway adjoining Radio Road within the boundaries of the unit; providing for inclusion in the Code of Laws. This item to be continued to the December 3~ 2002 BCC Meetin_cl. VA-2002-AR- 2908, Craig J. Pajer, P.E., of AEC National, requesting a 40-foot height variance from the required 35 feet to 75 feet in the Public Use District for the addition to the Naples Jail Center located at 3301 East Tamiami Trail, Building "W", Collier County Government Center, in Section 12, Township 50 South, Range 25 East. Companion petition to CU-02-AR-2759 and VA-02-AR-2909. This item to be continued to the December 3~ 2002 BCC Meetin_cl. VA-2002-AR- 2909, Craig J. Pajer, P.E., of AEC National, representing Collier County Board of County Commissioners, requesting a variance from the maximum height of 35 feet to 110 feet for a parking garage at the Naples Jail Center. This variance is required for the 5-story construction and future expansion to eight stories of a parking garage. This request of 110 feet is 75 feet greater than that allowed in the Public Use District at this location. Companion petition to CU-2002-AR-2759 and VA-2002-AR-2908. This item to be continued to the December 3~ 2002 BCC Meetin_cl. CU-2002-AR- 2759, Craig J. Pajer, P.E., of AEC National, Inc., representing Collier County Board of County Commissioners, requesting Conditional Use 3 of the "P" Public Use zoning district to allow for the expansion of an existing jail facility for property located at 3301 East Tamiami Trail, in Section 12, Township 50 South, Range 25 East, Collier County, Florida. Companion petition to VA-02- AR-2908 and VA-02-AR-2909. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 11 November 19, 2002 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING November 19, 2002 DELETE ITEM 10(D): Review Tourist Development related advertising and promotion invoices, determine expenditures serve a public purpose, approve appropriate invoices for payment in the amount of $14,850.47 from Fund 194 Reserves, and deny payment of invoice in the amount of $3,857.00, as recommended by the Tourist Development Council. (Staff request.) ADD ITEM #10(H): Approve budget amendment and dredging contract for Wiggins Pass Emergency Maintenance Dredging, in the total amount of $340,000. (Staff request.) MOVE ITEM 16(D)4 TO 10(K): Award Work Order #PBS-02-06 in the amount of $190,161 to Professional Building Systems for the renovation of Immokalee Airport Park. (Commissioner Fiala request) CONTINUE ITEM 16(E)6 TO DECEMBER 3, 2002 BCC MEETING: Approval of elimination of the Sick Leave Bank Program and an increase in the Short Term Disability Benefit Program. (Commissioner Coletta request.) MOVE ITEM 16(K)1 TO 10(I): Recommendation that the Board of County Commissioners adopt and ratify the termination of a Lawsuit against a Collier County Employee, which sought reimbursement of a debt owed to the County by the Employee in the sum of $1,103.62, plus costs, on the basis that the County Employee has filed a Chapter 7 Bankruptcy. (Commissioner Coyle request.) MOVE ITEM 16(K)2 TO 10(J): Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 101 in the Lawsuit styled Collier County v. Roberto Bo#t, Successor Trustee, under Land Trust Agreement Dated 1/27/86, et al, Case No. 00-2433-CA (Randall Boulevard/Immokalee Road Intersection), Project #60171. (Commissioner Coyle and Commissioner Fiala request.) MOVE ITEM 17(A) TO 8(D): Petition PUDA-2002-AR-2566, Robert Mulhere of RWA, Inc., representing J.E.D. of Southwest Florida, Inc., and Colony Corporate Center, Inc., requesting an amendment to the "Pelican Marsh" Planned Unit Development (PUD), for the purpose of increasing the allocation of Medical Office Space allowed from 9,000 square feet to 26,000 square feet within the approved overall general office leaseable floor area of 295,800 square feet for property located North of Vanderbilt Beach Road (CR 901) and East of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. Companion item to DOA-2002-AR-2567. (Commissioner Halas request.) MOVE ITEM 17(B) TO 8(E): Petition DOA-2002-AR-2567, Robert Mulhere of RWA, Inc., representing J.E.D. of Southwest Florida, Inc., and Colony Corporate Center, Inc., requesting an amendment to the "Pelican Marsh" Development of Regional Impact (DRI) for the purpose of increasing the allocation of Medical Office Space allowed from 9,000 square feet to 26,000 square feet within the approved overall general office leaseable floor area of 295,800 square feet and to correct a Scrivener's Error contained within the Development Order for property located North of Vanderbilt Beach Road (CR 901) and East of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. Companion item to PUDA-2002-AR-2566. (Commissioner Fiala request.) **NOTE TO BE READ INTO THE RECORD: COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. Item 16(A)7: Due to printing errors, some agenda packets may not contain Item 16 (A) 7, titled: Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the Final Plat of "Stonebridge Unit Three". Every effort has been made to distribute copies of this item. The document is part of the agenda package and available for viewing in the agenda book outside the Boardroom. Item 16(B)8: Signed copies of Resolution have been distributed to the Board of County Commissioners and the Clerk of Courts, and are available to the public. 16(E)5: Copies of the Amendment to Agreement and Corrective Statutory Deed are available for the public. PROCLAMATZON WHEREAS, November 24-30 is National Farm-City Week, a time set aside to recognize and honor the conl~ibutions of our country's agriculturalists and to sl~engthen the bond between urban and ~ural citizens; m~l, WHEREAS. in Collier County the highpoint of Farm-City Week is the annual Farm-City Bm-becue, sponsored by Collier County's University Extension Service and a committee of volunteers; and, WHEREAS, ogricultu~e is an important element in Collier County's economic machine, with total economic activity of over $300 million annually; and, WHEREAS, ZZ% of Collier County is utilized for agriculture, p~oviding vital ecological benefits, including habitat for wildlife and recharge area for our aquifer; and, supports local WHEREAS, the Board o, , .... . ~ WHEREAS, w~/e~'~e alL~~e con~ibutions of'~-~cal farm~~, our foo NOW THER~ORE BE ~ ~E~E~S?~THE'~OARD COUNTY COMM.T. SST. ON~R$~ tt~at on ,,t~el~alf of the Count, great apprecmtlq~ .~d ,honor 1~ te~ }o all of agriculturalists., ~ that N~emb~'e4-30 be desto DONE AND ~ Collier BOARD OF COUNTY COMMZ$STONERS COL?ER COUNTY, FLORZDA ,.TZM COLET'T'A, CHAZRMAN ATTEST: DWT&HT C. BROCK, CLERK I101 1 g ?ROC£AtAA TION WHEREAS, FVHEREA$, ItVHEREA$, the global epidemic of HIV infection and AXD$ r~quires a worldwide effort to increase communication, education ond united the ~oint United Nations P~m on $t~ngth~n worldwid~ $~o~s to stop the s~od of HZV/~D5; ~d, =~ cu~ntly livi~ with ~V/AXDS, with of ~5 occountin9 for mo~ than h=lf of oil new infections; and, fh~ A~eeican As$ociofion fo~ Wo~ld Hearth ¢ha~ fh~ nu~be? of ~o~1~ dio~osed wi~h ~V and AXD5 in ¢h~ ~nHed 5~0~$ continues ~o inclose, wHh ~,~ ~ople in fhe ~.5. now infected; ~nd, ~ff~ma and Dis~iminatJ~ 7s:~t~ With ~ ~i~a, ~tigma and discrimination, ==.i~i~ud~ ~tct~ with ~g ~-~ rejected by their families, thdr to~d on~ and ~eir comma ~: .however, across their ~am~W~s and co~tms. ~, . ~,,~.~. . ..... .~ ~ ~ ~ . ~ ..~. . . . . .......... Z~-:~ ~V~. 'U ~ ~~~ ~m,,s,oner, of Coil, er on December 1, ~00~; and urge ali citizens to take part in act/dries and observances designed to increase awareness and understand/n9 o£ HXV/A_rD$ as 9/aba! challenge, to take part in t4£V/A-rD$ prevention activities and pro~lram$, and to join the ~/obal effort to prevent the further spread o£ 14-TV/A-rD$. DONE AND ORDERED THIS l~th Day of November, ~00~. BOARD OF COUNTY CO/~Z$$IONER$ COU. TER COUNTY, ?LORIDA A TTE$ T: DI4zX~HT E BROCK, CLERK ,VZtA COL~ NOV 1 9 2002 Pg- October 25, 2002 United Arts Council otCollierCoun~' OCT 1 2002 James Mudd Collier County Manager Collier County Government Center 3301 E. Tamiami Trail Naples, Florida 34112 Dear Mr. Mudd, The United Arts Council of Collier County respectfully requests an opportunity to present to the County Commission the Collier County Cultural Assessment and Plan at a scheduled meeting. Collier County government was a sponsor of this groundbreaking study and in appreciation we wish to publicly acknowledge its support and vision. Commissioner Carter suggested the presentation be made while he is still on the Commission. Our presentation will be very brief. We solicit the Commission's support in acknowledging the uni[yir, g principles of the study that are summarized as follows: Enhance and expand access to arts, cultural, and heritage resources by the region's residents and visitors Provide resources to ensure a healthy, sustainable community of cultural organizations and artists In order for the document to receive maximum exposure, we would also request that ovo,,~u,~ to the cop~es be placed in ~,-nt,,,..... ~ ,,.,~,.., j~,-o.,, reference departments an~ be made .... :'~"'- .,'Sinc~e~ President, Board of Directors cc: Joy Lelonek 389408_1 The State Designated Local Aris Agency for Collier CountT NOV 1 2007, 501 Goodlette Road · #A210 · Naples, Florida 34102 · (941) 263-8242 · Fax: (941) 263-3830 Email: artalive(o~naples.net · Website: www. naples.net/presents/uac COLLIER COUNTY MANAGER'S OFFICE November 12, 2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Jim Kramer 992 Plymouth Rock Naples FL 34110 Re: Public Petition Request as received via facsimile Dear Mr. Kramer: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 19, 2002, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F') of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager JV~jb cc: David Weigel, County A~orney NOV 1 213 ?_ .'T'- __~ Remar~R3a~ROL 9~16~t376'79 Quote- "We must adjust to changing times and still hold to unchanging principles." - Jimmy Carter p.1 6. PUBLIC PETITIONS November 19,2002 Vice. Chairman/Chairman-elect Henning demands that I get some new material, so here it is: 1) Violations, Chapter 119, FL Statutes re: costs associated with the duplication of public records 2) Violation, FL Sunshine (Open Meetings) Law, section 286.011, requirement that all meetings be open to the public unless there is a specific statutory exemption Respectfully, Jim Kramer 992 Plymouth Rock Naples FL 34110 239.450.2771 remarKRJ~aol.com EXECUTIVE SUMMARY VA.2002-AR-2015 AUSTIN WHITE, OF BECKER & POLIAKOFF, P.A., REPRESENTING UNIT OWNERS OF THE MANATEE RESORT CONDOMINIUM ASSOCIATION, REQUESTING RELIEF IN THE RT ZONING DISTRICT FROM THE 500 SQUARE FOOT MAXIMUM SIZE FOR A HOTEL UNIT SET FORTH IN LDC SECTION 2.2.8.4.7.2.1, TO ALLOW FOUR (4) UNITS OF THE TOTAL 19 AS-BUILT UNITS TO HAVE 3,200 SQUARE FEET OF FLOOR AREA (INCLUDES 550 SQUARE FOOT LANAI) AND TO ALLOW 15 UNITS TO HAVE 2,625 SQUARE FEET OF FLOOR AREA (INCLUDES 543 SQUARE FOOT LANAI), FOR PROPERTY LOCATED AT 9566 GULFSHORE DRIVE, FURTHER DESCRIBED AS THE NORTH 50 FEET OF LOT 14 AND ALL OF LOTS 15 & 16, BLOCK B, CONNERS VANDERBILT BEACH ESTATES UNIT 1, AS RECORDED IN PLAT BOOK 3, PAGE 9, IN. SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Staff is requesting that the Board review staff's findings and recommendations along with the recommendations of the CCPC regarding the above referenced variance petition and render a decision regarding the variance petition. CONSIDERATIONS: The petitioner is requesting an after-the-fact variance from the 500 square foot maximum size requirement for a hotel unit in the Residential Tourist "RT" zoning district, to allow 4 of the existing 19 units to have 2,650 square feet of floor area, and to allow 15 units to have 2,085 square feet of floor area. The Collier County Land Development Code (LDC) Section 2.2.8.1 sets forth the following in the Purpose and Intent of the RT zoning District: · . .to provide lands for tourist accommodations and support facilities, a~wl multiple- family uses. The RT district corresponds with and implements the urban mixed use district and the activiD' center district in the urban designated area on the further land use map of the Collier County growth management plan. The LDC addresses minimum floor area standards within the RT zoning district in LDC Section 2.2.8.4.7.2.1. stating: · . .Three hundred (300) square foot minimum with a five hundred (500) square foot maximum for hotels wwl motels .... Staff has analyzed the purpose and intent, and the standards in conjunction request, and provides the synopsis found in this report. NOV 1 9 2002 Manatee Tower: VA.2002-AR-2015, EXECUTIVE SUMMARY for 11-19-02.doc Page I of 6 FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition, because the site is developed. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore. no survey or waiver of Historic and Archaeological Survey & Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the EAC does not normally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the Jul3' 15, 2002 CCPC meeting. Mr. Budd motioned to forward petition VA-2002-AR-2015 with a recommendation of approval with conditions: Mr. Wolfley seconded. Mr. Richardson stated that he would rather see this petition turned down and pass along a message to make a change in the code so the3' the can deal with this in a residential condominium fashion. Mr. Adelstein agreed and felt by approving the variance, it would be compounding a fraud. Mrs. Young agreed. Mr. Strain stated that he would like to change the GMP and then ask for one more unit. He also suggested that language be added to the motion to restrict the variance to the existing plan and restrict the use of homestead exemptions. Marjorie Student stated that a GMP amendment could be done. Mr. Schmitt stated that he felt it would be a significant undertaking to amend the GMP for a single project. Mr. Budd was concerned that if they denied the variance, they would be choking the innocent while only making the guilty feel bad. Mr. Budd agreed to the two additions to the motion. The motion failed; with 3 votes for and 5 votes against, with Mr. Midney, Mr. Adelstein, Mrs. Young, Mr. Richardson and Mr. Strain voting against the motion. Mr. Richardson motioned to DENY PETITION VA-2002-AR-2015 on the basis that there are other solutions available and due to contradictions to the existing LDC; Mr. Adelstein seconded. Ms. Student stated that the criterion needed to come from the eight criteria in the code. Mr. Richardson stated criteria a)-d) in the code, and specifically f), that it was not in harmony with the general intent and purpose of the LDC and would be injurious to the neighborhood and detrimental to the public welfare. The MOTION PASSED; with 5 votes for and 3 votes against, Mr. Abemathy, Mr. Wotfley and Mr. Budd voting against the motion. A~A ITEM Manatee 'rower: VA-2002-AR-2015, EXECUTIVE SUMMARY for 11-19-02.doc Page 2 of 6 NOV 1 9 2002 PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff considered the general guidelines for variance requests, and found that there were special conditions or circumstances; and the petitioner could be faced with a "practical difficulty," which is one of the general guidelines of consideration. Because approval of the variance will not compromise or act to the detriment of the General Purpose of the LDC (Section 2.1.2), Planning Services staff recommended that the CCPC forward Petition VA-2002-AR-2015 to the BZA with a recommendation of approval with conditions. ~, . ..... ,_,_.4 ~.~,4ohi,,\ The structure was constructed in compliance with a county- alp;erroev;SdaS~r~tu[F~r~l~;fnb%~';g ~;Xught, if granted, will not require physical alteration of the structure. The structure does not need relief from any setback requirements. This structure is surrounded by struct~lres of a similar type, construction, use and zoning. Depending upon wh'en other hotel buildings were approved and constructed, there may be other structures that legally exceed the 500 square foot unit size, because an amendment to county regulations did remove the limitation for a short time, before a subsequent amendment re-instated the limitation. Ordinance #2000-43, established Floor Area Ratio (FAR) measurements to determine appropriate hotel unit sizes; Ordinance #2001-34 removed the FAR measurements, reverting to the 500 square foot maximum. Staff believes there are special conditions and circumstances that do not result from the actions of the petitioner. In this case, there are pre-existing conditions relative to the developed state of the property. The petitioner for this variance is the Manatee Towers Condominium Association, not the original builder. As previously noted, the structure was constructed in compliance with all required county approvals. The SDP submitted by the developer and approved by county staff showed the minimum floor area at 2,200 square feet. The current owners had no knowledge that the building would face code violation notices because that minimum size exceeded what was then allowed by county regulations. Testimony was given at the CCPC meeting from one property owner who stated that he did not know that Manatee Tower was considered a hotel. He was unaware of any problems associated with the use of the structure as a multi-family building. The SDP approved by Collier County authorized the hotel use. The petitioner's attorney stated that the existing structure is currently operated as a hotel, meeting all legal requirements of said use. There seems to be confusion among the different parties about the use and the ownership. There seems to be a perception that all condominium owned structures must be multi-family uses. This conclusion is not necessarily true. Although not a prevalent practice in Collier County, there are often cases where hotel rooms are owned by a condominium. The use of this site is a hotel. A condominium association owns the structure. The fact that the owner is a condominium association does not necessarily mean the use is a multi-family building; the use is a hotel, regardless of ownership method. The issues of use and ownership are separate. The petitioner is actively seeking an alternative solution in lieu of this variance. A petition seeking an amendment to the SDP (SDPA) was submitted on October 29, 2002 (SDPA-2002-AR-3296). Staff is reviewing that petition; however it is not yet certain whether review can be completed prior to Manatee Tower: VA-2002-AR-2015, EXECUTIVE SUMMARY for 11-19-02 Page 3 of 6 NOV 1 9 20[12 . c. Documentary evidence that demonstrates the payment of bed taxe the submittal of this executive summary. There are some outstanding issues regarding density calculation methods and parking space allocation. Additional issues may surface as the review progresses. Staff will apprise the Board of County Commissioners of the SDPA's status prior to, or at the November 19, 2002 hearing. In any case, review per se, does not necessarily equate to approval, or even approval with stipulations. The petition will be reviewed on the merits of the application and the issues, with a decision made upon the facts of that case. If the SDPA is approved, this variance will not be necessary and can be withdrawn. However, if the SDPA is not approved, staff believes approval of the variance will be in harmony with the general intent and purpose of the LDC and will not be injurious to the neighborhood or otherwise detrimental to the public ~,elfare. Approving t~ variance will bring the internal configuration of the building into compliance with county regulations regarding unit size. There will be no external impacts if this variance is approved. Approval of the variance will have no effect upon the outward appearance of the subject propert': ~ Approval of the variance will not cause the project to generate additional light, noise, or odors so ag to be incompatible with surrounding land uses. Conversely, if the variance is denied, demolition of the entire building could result. The demolition could negatively affect the neighborhood, because of dump truck traffic and the creating of dust and noise associated with any demolition activity. Approval of this variance will not compromise or act to the detriment of the General Purpose of the Land Development Code [LDC Section 2.1.2] which states that the general purpose of the LDC is:" to protect, promote, and improve the public health, safety, comfort, order, appearance, ~o~venience, morals and general welfare of the residents of the county." To ensure that the hotel is the actual use, staff has included conditions that will link the variance approval to compliance with evidence to ensure that the structure is operated as a hotel. Staff's conditions require the ownership entity to provide to the county attorney's office and to Development Services staff on an annual basis beginning 30 days after this variance is approved the following items: 1. In the case of the destruction of the structure for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, an).' reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction; and 2. On an annual basis beginning 30 days after this variance is approved, the ownership entity or a duly authorized representative must provide to the county attorney's office and to Development Services staff the following items: a. An approved and current hotel/transient lodging license that specifically applies to and describes all units in Manatee Resort; and b. An affidavit from each owner that evidences the use of his or her respective unit as "hotel or transient lodging"; and AGENOA ,TE~ ~ by ~i~.h individual~ Manatee Tower: VA-2002-AR-2015, EXECUTIVE SUMMARY for 11-19-02.doc Page 4 of 6 NOV 1 9 2002 unit owner, or an affidavit from the affected unit owner that states that the unit has not been occupied within specific dates, therefore bed taxes were not due. Several neighboring property owners testified at the CCPC on July 18, 2002. Much of the testimony centered on the use of the structure as a hotel. The general consensus among the neighbors appeared to be that the structure is not a hotel. The neighbors stated that they believed the structure is used as a multi-family building. The neighbors stated that they think calling the structure a hotel was a method used by the original building to circumvent the maximum density limitation for the residential multifamily use that actually exists on the property. The neighbors testified that they want the structure to be a multi-family residential use, not a hotel. Manatee Tower: VA-2002-AR-2015, EXECUTIVE SUMMARY for 11-19-02.doc Page 5 of 6 t~qAGENOA ITE~. NOV 19 2002 PREPARED BY: 't' I~SEf_,EM, AICP PRINCIPAL PLANNER REVIEWED BY: DATE AY, AICP / CURRENT PLANNING MANAGER DATE MARGARET)wuERSTLE, AICP PLANNING"SERVICES DIRECTOR APPROVED BY: DATE O~c~ME~A . DA'i'E ' UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Executive summary/VA-2002-AR-2015 Manatee Tower: VA-2OO2-AR-2015, EXECUTIVE SUMMARY for 11-19-O2.doc Page 6 of 6 AGE~)'A IT~ NOV 1 9 2002 AGENDA ITEM $-D MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: June 18, 2002 SUBJECT: PETITION VA-2002-AR-2015 AGENT/APPLICANT: AGENT: Austin White, Becker & Poliakoff, P.A. 3003 Tamiami Trail North, Suite 210 Naples, FL 34103 APPLICANT: Manatee Resort Condominium Association, et at 9566 Gulfshore Drive Naples, FL 34108 REQUESTED ACTION: The applicant is requesting an after-the-fact variance from the 500 square foot maximum size requirement for a hotel unit in the Residential Tourist "RT" zoning district, to allow 4 of the existing 19 units to have 2,650 square feet of floor area, and to allow 15 units to have 2,085 square feet of floor area. The Collier County Land Development Code (LDC) Section 2.2.8.1 sets forth the following in the Purpose and Intent of the RT zoning district: · to provide lands for tourist accommodations and support facilities, and multiple-family uses. The RT district corresponds with and implements the urban mixed use district and the activity center district in the urban designated area on the future land use map ~f ~=- Collier County growth management plan. ~ q Petition VA-2001-AR-2015 CCPD Date: July 18, 2002 Pag NOV 1 9 2002 1 of 9 The LDC addresses minimum floor area standards within the RT zoning district in LDC Section 2.2.8.4.7.2.1. stating: · Three hundred (300) square foot minimum wi th a five hundred (500) square foot maximum for hotels and motels, Staff has analyzed the purpose and intent, and the standards in conjunction with the applicant's request, and provides that synopsis below. GEOGRAPHIC LOCATION (See Attachment A): The subject property is located at 9566 Gulfshorc Drive, further described as the north 50 feet of Lot 14 and all of Lots 15 & 16, Bloct~ B, Conners Vanderbilt Beach Estates Unit 1, as recorded in Plat Book 3, Page 9, Collier County,'Florida. PURPOSE/I)ESCR~,:PTION OF REQUEST: The structure was constructed in conjunction with county approvals granted for the project under the name Manatee Two Towers, which received Site Development Plan (SDP) approval on September 9, 1997. The SDP was issued in error relative to the "Development & Parking Regulations Table" the applicant provided on the first sheet of the SDP (See Attachment G). The table sets forth the "minimum floor area" requirement and indicates that 500 [square feet] is the required amount. The table also indicates that this project will provide 2,200 [square feet]. The LDC regulates the maximum limit not the minimum amount. The maximum limit is 500 square feet, thus the Table is misleading and not in compliance with the LDC. The applicant seeks a variance to abate a code violation notice for exceeding the maximum floor area limitations. All nineteen units exceed the maximum floor area limitation of the LDC. According to the applicant, four units have 2,650 square feet of floor area, 15 units have 2,085 square feet of floor area. The applicant's narrative statement is included as Attachment B. To summarize the applicant's position regarding the construction of the larger-sized unit, the applicant states that the buildings and units were constructed in compliance with the approved SDP plans, therefore the variances should be granted since the county originally approved the plans. The applicant asserts that larger sized units are appropriate and further contends that national hotel chains are developing properties that offer larger units. GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located in the Urban Mixed Use Residential land use classification on the County's Future Land Use Map. This land use category is designed to accommodate a variety of residential uses including single family, multi-family, duplex, mobile home and mixed-use projects. As previously noted, the subject petition seeks a variance for a hotel, which is an authorized use in this land use designation. This project, with a density of 16.52 units per acre, is within the allowable density for a hotel. Therefore, the density is consistent with the Furore Land Use Map. The Growth Management Plan does not address individual variance requests; the Plan deals with the larger issue of the actual use. Petition VA-2001-AR-2015 AGE~I~DA CCPD Date: July 18, 2002 Pat NOV 1 9 2002 2 of 9 Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. LAND USE AND ZONING (See Attachments C and D for lar£er Zoninl! Map and Aerial Photo): North - East - South - West - Subject: Surrounding: Manatee Towers, a nineteen-unit hotel use Casa Grande on Vanderbilt Beach Condominium and La Scala Condominium, zoned RT Vanderbilt Lagoon Sandcastle Condominium, zoned RT Gulf Shore Drive, then Sea Chase Condominium, zoned RT VANDERB:,-'T LAGOON n3) HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the applicant's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infraslxucture, transportation__ or the environment. Petition VA-2001-AR-2015 CCPD Date: July 18, 2002 'age NB ~ 9 2002 P~. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. There is a structure-related hardship. The structure was constructed in compliance with a county-approved SDP. \The relief being sought, if granted, will not require physical alteration of the structure. 'The structure does not need relief from any setback requirements. This structure is surrounded by structures of a similar type, construction, use and zoni~, 5. Depending upon when other hotel buildings were approved and constructed, there may be other structures that legally exceed the 500 square foot unit size, because an amendment to county regulations did remove the limitation for a short time, before a subsequent amendment re-instated the limitation. The applicant's analysis raises an issue that staff believes merits additional consideration. The applicant asserts that the nationwide market trend for hotel chains is to offer larger rooms and suite accommodations. As part of the suite concept, cooking or eating facilities are offered. A suite reasonably requires a larger unit to accommodate these additional facilities. The Purpose and Intent of the RT zoning district specifically states that it is the purpose and intent of this zoning district: "to provide lands for tourist accommodations and support facilities. . ,, If tourists are seeking different accommodations, then the Board of County Commissioners should consider amending the regulations to address market trends while meeting the purpose and intent of the zoning district. In addition, the GMP, Future Land Use Element, Implementation Strategy, Goals, Objectives and Policies, Objective 1, states, in part, that the FLUE is designed to "promote a sound economy." Being receptive to changes in the market trends helps to promote the economy and prevent stagnation. StafFs cursory review confirms that most major hotel chains are building more "suite- type" facilities than in the past. In the recent past, Embassy Suites was one of the few hotel/motel enterprises that offered suite accommodations, as an alternative to the more customary one-room accommodations. Now there are Crown Sterling, Summerfield, Homewood, Staybridge, and Fairfield Suites and Residence Inns. All of these facilities offer suite accommodations as the names imply. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the subject of the variance request? / n°'--e] ~ / Petition VA-2001-AR-2015 1 9 2002 / Yes. As previously noted, the structure was constructed in compliance with all required county approvals. The SDP submitted by the applicant and approved by county staff showed the minimum floor area at 2,200 square feet. No maximum building area was shown. According to the SDP documents, a hotel occupied a portion of the site prior to the development of the Manatee Resort. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. If this variance is not approved, every unit within Manatee Resort would need to be reconfigured to reduce the floor area to 500 square feet, because all rooms exceed the maximum floor area limitation. Staff believes there would be no public benefit derived if the applicant were required to adhere to the literal interpretation, i.e., reduce all traits to 500 square feet, nor would there be any detriment to the public welfare if the variance is approved. There would be no external changes to the existing structure if the variance were approved. The building's overall appearance will not change if the variance is approved since the impact of internal umt configuration is not discernable from outside the structure. However, if the valance is denied, the structure may have to be demolished to comply with the requirements. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The applicant has provided the precise square footage of each of the nineteen units. This is the minimum variance to allow a reasonable use of the structure, legitimize the unit sizes, and abate the code violation notice. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? No. As previously stated, there may be other hotel or motel buildings that have larger units, because the LDC briefly allowed larger units. Additionally, in other commercial zoning districts a floor area ratio is utilized for hotel and motel units to calculate project intensity. Single-family homes located within this zoning district can be rented or leased in a fashion similar to the hotel units located within Manatee Resort. It is a reasonable assumption that any home in the area contains more than 500 square feet of living space. Approval of this variance would not grant Manatee Resort any special privilege that is denied to the single- family homes located in this zoning district. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. Approving this variance will bring the internal configuration of the b~ildin~~Tr~.-~ compliance with county regulations regarding unit size. There will be no exte~aal ~ CCPO Date: July 18. 2002 Page S It ~NOV 1 9 2002 Petition VA-2001 -AR-2015 if this variance is approved. The issue involved in this variance has no effect upon the outward appearance of the subject property. Approval of the variance will not cause the project to generate additional light, noise or odors so as to be incompatible with surrounding land uses. Conversely, if the variance is denied, demolition of the entire building could result. The demolition impacts could negatively affect the neighborhood, because of dump track traffic, and the creation of dust and noise. Approval of this variance will not compromise or act to the detriment of the General Purpose of the Land Development Code [LDC Section 2.1.2] which states that the general purpose of the LDC is: "... to protect, promote, and improve the public health, safety, comfort, order, appearance, convenience, morals and general welfare of the residents of the county." Are there natural conditions or physical!y induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The building has already been constructed and the units within the building have already been divided as requested in the variance. If the variance is not approved the building would require major remodeling, if not demolition. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. ADDITONAL INFORMATION In the RT Zoning District, the LDC has specific criteria regarding the density permitted for hotels and motels that is different from the density permitted for time share units and multi- family uses. LDC Section 2.2.8.4.5. Maximum density permitted. A maximum of 26 units per acre for hotels and motels, and 16 units per acre for timeshares and multifamily uses when located within an activity center or if the RT zoning was in existence at the time of adoption of this Code. This project, with a density of 16.52 units per acre, is within the allowable density for a hotel. However, if the building were to be operated as a multi-family or timeshare use, it would be over density. Staff has approached the applicant's agent seeking more information to ascertain that the use is, in fact operated as a hotel, but the applicant's agent has declined to provide that information indicating that he believed the information and the issue is beyond the scope of the requested variance. It is important to note that although the applicant has provided information that shows the trend for hotel and motel uses is moving toward providing larger units under the dcm "suite" terminology, none of those unit sizes approach the size unit of the variance re( Petition VA-2001-AR-2015 CCPD Date: July 18, 2002 Page 6 of 9 nptky~e x ]este~& ;: -. NOV 2 Staff's research indicates that the largest chain "suite" hotel units do not exceed approximately 800 square feet (See Attachment E for a sample). The variance in the subject request would allow units that are an average of more than 2.7 times the size of the largest chain suite hotel unit. 2,650 sq. fi. x 4 units = 10,600 sq. ft. plus 2,085 sq. ft. x 15 units = 31,275...sq. ft. 41,875 sq. ft. + 19 total units = 2,204 sq. fi average unit size Some hotel chains now offer "extended stay" facilities that cater to more than one- or two-night stays associated with normal hotel or motel uses· Staff research indicates that even the extended stay largest units do not exceed 620 square feet. The average unit in Manatee Resort is approximately 3.5 times the size of the largest extended stay unit. The applicant has also used Charter Club Resort on Naples Bay as a more pertinent example of unit sizes in the Collier County area. According to staff research, the units in Charter Club Resort are 1,240 square feet (See Attachment F). The average unit in Manatee Resort is 1.8 times larger than the units in Charter Club. Staff has asked the applicant's agent to provide information regarding the procedure to rent or lease units within Manatee Resort to determine if the facility functions in a fashion similar to other hotels, i.e., a central reservation number that is published and available to the public and/or a lobby where the traveling public can make accommodation arrangements. The applicant's agent has declined to provide that information, again stating that such information was beyond the scope of the variance request. Staff was able to find a phone listing and a web site for the Charter Club Resort, but was unable to find a phone listing or a web site for Manatee Resort, which could lead one to think that the Manatee does not appear to operate similar to most hotels in seeking clientele. Staff does have concerns about the potential for this variance request to be perceived as a way to circumvent county regulations by allowing a facility that functions as, and has units of a size similar to, a multi-family facility, while enjoying the increased density that would be afforded to a hotel use. Staff has asked the applicant's agent for the additional comparison data to dispel that notion, but the data was not forthcoming. To ensure that the hotel is the actual use, staff has included conditions that will link the variance approval to compliance with evidence to ensure that the structure is operated as a hotel· Staff's conditions require the ownership entity to provide to the county attomey's office and to Development Services staff on an annual basis beginning 30 days after this variance is approved the following items: a. An approved hotel/transient lodging license that specifically applies to and describes all units in Manatee Resort; and b. An affidavit fi.om each owner that evidences the use of his or her respective trait as "hotel and transient lodging"; and c. Documentary evidence that demonstrates the payment of bed taxes individual trait owner. If appropriate, an affidavit fi.om the affected unit owns. that the unit has not been occupied within specific dates, therefore bed taxes we Petition VA-2001-AR-2015 CCPD Date: July 18, 2002 Page by each ~,,,t A-~.~'r~, 'e no~a. ue. ,~ (~- ,f ~NOV 1 9 2002 EAC RECOMMENDATION: NONE The Environmental Advisory Council does not normally hear variance petitions, and there are no environmental issues for this request. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with this after-the-fact variance request, and has determined that there are special conditions and circumstances that find that approval of the variance is the appropriate action, if the conditions recommended by staff are incorporated into the approval. Therefore, Planning Services staff recommends that the CCPC forward Petition VA-2002-AR-2015 to the BZA with a~recommendation of APPROVAL WITH CONDITIONS. Staff is recommending approval of the ~,ariance with the following conditions: In the case of thC destruction of the structure fir any reason, to an extent equal to or greater than 50 percent ~f the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction; and 2. On an annual basis beginning 30 days after this variance is approved, the ownership entity must provide to the county attorney's office and to Development Services staff the following items: a. An approved hotel/transient lodging license that specifically applies to and describes all units in Manatee Resort; and b. An affidavit from each owner that evidences the use of his or her respective unit as "hotel and transient lodging"; and c. Documentary evidence that demonstrates the payment of bed taxes by each individual unit owner. If appropriate, an affidavit from the affected unit owner that states that the unit has not been occupied within specific dates, therefore bed taxes were not due. Staff has included Condition #1 to reiterate and embellish upon LDC Section 2.7.5.7. regarding destruction and replacement of the structure. This condition recognizes the unique situation for the variance but requires any replacement or reconstruction of the structure to be done in compliance with the regulations. Petition VA-2001-AR-2015 CCPD Date: July 18, 2002 Page NOV 1 9 2002 PREPARED BY: KAY ~ESELEM, AICP PRINCIPAL PLANNER DATE REVIEWED BY: INTERIM DIRECTOR, PLANNING SERVICES DEPARTMENT DATE APPROVED BY: C~IM~ TSyC DIDI;/~EVrI'ETi~oADpp~x~INTS ~ ENViRONMENTAL S ERV iCE S DIVIS ION Collier County Planning Commission: KENNETH L. ABERNATHY, CHAIRMAN DATE Staff report for the July 18, 2002 Collier County Planning Commission Meeting Tentatively scheduled for the September 10, 2002 Board of County Commissioners Meeting Attachments: A. Location/Site Map B. Petitioner's Nan'ative Statement C. Copy of Zoning Map D. Copy of Aerial Photo E. Copy of Staybridge Floor Plan Information Sheet F. Copy of Charter Club Resort Floor Plan Information Sheet G. Excerpt fi.om SDP 97-99 drawing Petition VA-2001 -AR-2015 CCPD Date: July 18, 2002 Page NOV 1 9 2002 _ i! OF NOV 1 9 20021 ~nture of Petition Provide a detailed explanation of thc request including what structures arc existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owncr purchased property;, whcn existing principal structure was built (includc building permit number (s) if possiblc); why cn¢ioachmcnt is necessary, how existing encroachment came to be; etc. There are 19 units existing in a 4 story structure. No encroachments or setbacks are at issue. The permit number is 97-101322. This application for variance is necessary for the approval of the existing square footage of each of the 19 units as approved by Collier County as part of the final SDP (#97-099), of September 8th, 1997. The variance is necessary as the square footage of each unit exceeds the maximum allowable, square footage for the hotel room (500 SF), as set forth in the land development code requirement in effect at the time of the approval of the final SDP by Collier County. ,q, k=tk e,' Attach I Please note tha~ staff'ami thc Collier C/mn~ p!~n,~i~g Commission shall be guided in their recotthuendalion to thc Board of zoning Appeals, and ~hat thc Board of zoning ~ shall be guided in i~s demmimlion ~o *ppmv¢ or deny a variance petition by the below listed criteria (1-8). (Please address tiffs crib-u-ia using additional pages if necessary.) Are there special conditions sad ciromt~aaces existing which are peo_din~ ~o the location, size and characteristics of the land, sUucture, or building involvecL Yes, the building has been constructed in accordance with the approved SDP. Arc thcrc spec/al conditiom and circ~n~.nce~ which do not re~tlt from the action of the ~pplicamt such as pre-existing conditions rehtivc to thc property which is the subject of the variance request No. Wffiahtcral~~~nof~heprovisiom ofthiszon~gcodewo~~andundue hax~h~ontheapphcan~c~a~practicaldifficulties~theapphcan~ Yes, undue hardship, in that the building has been constructed in accordance with the approved SDP. .¸ Will the variaace, if ~ranied, be' the minimum variance th~ will make po~s~le ~he reaso~blc us~ of the land, bu~i~Z or sUuciure and which promote stamtards of health, safety or welfare. ~es. Application for Vnrlasge l~ee $ of NOV 1 9 2002 W/ii grantinE thc variance requested confcr on thc petitioner any spec/al privilege that/s den/ed by theae zoninE regularlons to other lands, buildings, or sWacturcs in ~be same zoni%, d/strict. No. Will granting the variance be in harmony w/th thc intent and purpose of this zon/ng code, and not be injurious to thc neighborhood, or otherwise deuimental to the public wclfarc. Yes. .. Are there natural conditions or physically induced conditions that ameliorate thc goals and objecfive~ of the regulation such ~s natural preserves, lakes, golf course, etc. No. g. Will granting thc varianc~ be comistent with thc growth mamg~me~t plan. Yes. Application for VartaDce Petitioa - 8/98 NOV 19 2002 ,JUN 0 3 200Z Planning De velopm en t Incorporated Development Consu/tsnts~ Engineers, Planners ~ Landscape Architects 5133 Castello Drive Suite 2 Naples, Florida 34103 941 / 2632~934; Fax: 941 / 263-6981 P~)IMRF @ AOL.COM FACSIMILE MEMORANDUM & TRg. NSMISSION COVER SHEET Date: To: Fax: Re: Sender: June 3, 2002 Ms. Kay Deselem, AJCP, Principal Planner Collier County Current Planning ~'~~~ 643-6968 1 original via courier Manatee Resort Condominium Association, Inc. Variance Application No. 2002-AR-2015: Supplemental Support Document Michael R. Fernandez, AICP YOU SHOULD RECEIVE 8 PAGES(S), INCLUDING THIS COVER SHEET, IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 941 / 263-6934. Dear Ms. Deselem: Per our prior conversations and correspondence, please accept the attached as a Supplemental Support Document to the above referenced Variance Application. Upon your receipt and review, please do not hesitate to call with any questions, comments or requests for additional copies. Included as an attachment to the Support Document is a copy of the Staff Report Summary Page to the LDC 2000 Cycle I Amendment which amended the RT Zoning District development standards, inclusive of the removal of the 500 sf maximum unit size restriction. ~~via fncsimilc: 261-9744 NOV 1 9 2002 ~ature of Petition Providc a detailed explanation of the request. he su ' ct ro r was dev Io onsistent with a oilier C un ov ' o men an and so 'at d 'l in rmits i 9 7. evelo ment e r ' ' ci e ' d lo m t and its as 'a 'n fyi ua units ancial I ndin ins 't tions w ' ' als. he develo me t andards o t e onin istri t r 'd r % its t i es nd 't a axi ' el' i tio t r strtcts the b an or w t h v ' st ' r a a ' · h axi um u it ' erestri tionwasdeleted rom h rov'' w i v t b' t r er b C 000 cl mendments, h r strict~on was subs tl insta 'ne r 0 s n I ment o the reinstatement o overnin iht nsi ' b the number o the units, owever t se rovisions were not r instated 'n Co mer i I onin istr~'cts which remain overned b oor rea atio etbac hei ht limi ation gnd without a maximum unit size.. O0 ta wit in a Sta R ort which ro osed o a n not hat cin am 'mu r om size s uar oota develo ment standard and densi ' limitatio sba ed n units; I) was counter productive to associated impacts s~ch as tra~c generation and overall quality of d~,v¢lot~ment; 2) ~id no-t r o i e mar t demand or lar er room si es asso iate with lon er st s' and 3) rid n t reco nie local market demand or lar er a d hi her uali o in ,4dditionallv. the standards 4) _do not recognize national and worldmde Iod~ne~ trends toward larger rooms and s~tites with enhanced furnishines and amenities and all suite hotel& ational chains have continued to transition toward all suite hotel with the ma'or~ o new rooms onstruct d in the S since 995 bein suite hot I r s. 'here are currentl over O0 all suite o Is in the US accordin to the US ravel a t . ome o the ore n table brands include ba uites Crown t rlin Suite Summer d S ' om o i s e 'dence nn ,dules are . '7' or 5 nd t b i 't nd air ld Suit . i ta r r o o · · sarethe ' o two standard oomso 7 n on s r m li edb t ri e u' hain olid n w i h rovides it to dro ms in addition to f~ola'ne and dining and livine areas. not recoenize lodeing trends which Suvt~ort boutiaue hotels which are generally tailored to market 5) ~1o ands and usuall associated with r sort areas - ' Il ' h m i 'es. ti hotels which nerall are I ca d in ro ' i n ur I a tion h s water ront s a h s r al re uentl 1o at di ' ' i r ' nti I e' h rh o swhere r er om er iai oteswo Idbeo to la . u' ne all a n er ta? int n h r nerali r l r '' i ' ' s o al a I is he h rer ! so I s which 11 't 's 't tw e oomsand 0 · V~c tion r t ch as hose o a s d o t Ion swhich are qomolimented bY larger unit& o n t uli a knowl h d, nitio it whi r hav oo' a iii' s h acil'ti t nd to have ar a r r t n re t. it s facilities generall_v have a minimum of 750 sr. Application for Variance Petition - 8/98 NOV 1 9 2002 fail to deliver on their intent and purpqse which is to re?ulate intensi_tv of development. This is partl¥ due tO the fact that a hotel can be comprised of comvonent uses other than guest rooms. Other component uses mat include meeting rooms, common areas, restaurants, cafes, amenity retail, business centers, recreational facilities such as tennis cogrts, swimming pools, st>as, exercise rooms, etc. And these amenities are ~ot regulated by size. ]ntensity relative to mass of a structure(s) is governed by setbacks and height limitations and not ~_¥ room size. The maximum unit size develo_vment standard is incffec#v¢ in it~; intent and counter productive to _fostering desirable developments. Application for Variance Petition - 8/98 NOV 19 2002 I Please note that staff and the Collier Count)' Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address tiffs criteria using additional pages ff necessa~3 1. Are there special conditions and circumstances existing which are peauliar to the location, size and characteristics of the land, structure, or building involved. The bui ldi ne was constructed with permitted architectural plans and specifications consistent with a County approved SDP (Site Develovment Plan) in 1997. The!Jnancing of the project and Imbsequent sale of the individual units relied upon these approvals which substantiated the value Qf the project and its individual units to the financial ins#tutions which provided the loans_for its Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing condmons relative to the property which is the subject of the variance request. The owner8 ?urchased units constructed consistent with permit~ed plans including a SDP and Architectural Building Plans and Spec(t~cat~ons~ Will a literal interpretation of the prox~isions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Reduction of existin£ square foota£e qf the individual units is not practical as it would require the demolition of the existing building which was constructed in accordance with an approved Site Development Plan (SDP), Will the variance, ff granted, be the mimmum variance that will make possible the reasonable use of the land,, building or structure and which promote standards of health, safety or welfare. Reduction of existine_ square footage of the individual units is not practical as it would require the demolition of the existine building. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or stmctttres in the same zoning distxict. The RT Zoning District provides for similar uses and compatible land gses without maximum Application for Variance Petition - 8/98 NOV 1 9 2002 Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The existing structure meets the reauired setbacks, building height and other LDC development standards which govern the maximum volume of the structure(s) and therefore the impact o£1arger rooms does not impact the general_public. As suggested in the County Staff Report for LDC 2000 Cycle 1 relative to this_ issue, an increase in hotel room size will result in a decrease in the votential density of development and larger rooms will likely result in more residential lik~ developments which are therefore more comt>atible with residential and likely reduce imt>acts and result in higher property values and more upscale develovment. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. The existing structure meets the required setbacks, building height and other LDC development standards which govern the maximum volume of the structure(s) and therefore the impact of lamer rooms does not impact the general_public. The _rrurpose of the maximum room size was intended to aid in governin£ intensity of development and more s~vecU~call¥ the mass or vhvsical area of the hotel. Since the hotel can be comprised of numerous qomponents (such as meeting rooms, _public and semi-public areas, restaurants, amenity retail, common qmenity areas, recreational facilities and other similar accessory gses) which are not regulated relative to size. the standardfails to meet its goal The larger units foster longer st~_ s as opposed to smaller units which would create a more transient use of the development which would be, in general, less compatible with the lar£el¥ residential make-ut> of the neighborhood The lur~er units occupy a signi~qcant t>ortion of the overall building envelop potential and ther¢£ore greatly ~estriet the development of accessory uses such as parking structures, restaurants, amenity retail, meetin£ Eooms, and the like, over the subject property. Such uses would generate si_tmil~cantlv greater tra~c and t~ansient use of the develovment, and therefore be less comt>atible within the e~sting neighborhood. 8. Will granting the variance be consistent with the growth management plan. [he Collier County Growth Management Plan t'GMP) does not address the minimum nor maximum square feet of a hotel unit, which leaves the development standard tO be addressed by the Collier County Land Development Code. Application for Variance Petition - 8/98 NOV 1 9 2002 Pg, ~,.~.~ ORIGEN: Communit-y Development and Environmental Services Division AUTHOR: Ronald F. N/no, AICP, Current Planning Manager Susan Murray, AICP, Chief Planner DEPARTMENT: Planning Services LDC PAGE: 2.56; 2:57; 2.33; 2.34 LDCSECTION: 2.2.15.4.3.; 2.2.15.4.7.; 2.2.15.4.8.;2.2.15 ~A .3.9.; 2.2.15 1/2.4.3.; 2.2.15V~ 4.7.; 2.2.15.1/2.4.8.; 2.2.8.4.3.; 2.2.8.4.4.; 2.2.8.4.5.; 2.2.8.4.7.2.; 2.2.8.4.8.; 2.2.8.4.9.; 2.2.8.4.10.; 2.2.8.4.11. CHANGE: Replace allowable maximum density for hotels, motels and time share condominiums in commercial and RT zoning districts with a maximum floor area ratio requirement. Eliminate maximum density requirement. Increase front yard setbacks for buildings over 50 feet tall in the C-4 and RT zoning districts. ClarifY building height requirements in RT zoning district. REASON: I. Increased the front yard setbacks for buildings over 50 feet in height in the C-4 and RT zoning districts which allow building heights up to 100 feet in order to reduce the impact of taller buildings from the street. 2. Replace density limitations for hotels and motels with FAR requirements, because il is unreasonable to speak of hotel density m the same context as conventional housing. Unit ratio's make no sense as an intensity regulating tool because it fails to distinguish between a budget hotel and hotels with suites. The City of Naples limits the intensity of development of hotels through the FAR. This permits hotels to be constructed of reasonable intensity to address market conditions. Furthermore, the proposed language change allows for an FAR up to .60. Hotels and motels are required to have conditional use approval when located outside ActiVitY Centers. The conditional use process could limit gross square footage of a hotel located outside Activity Centers if there were compatibility issues associated with development. 3. Clarified the maximum height in the RT zoning district because the LDC does not define the height of a "story." 4. In conjunction with the FAR requirement, eliminated the maximum floor area limitation for hotels and timeshare condominiums. An increase in hotel room size will result in a decrease the density of development utilizing the FAR. Larger timeshare condominiums will likely reduce impacts and resblt in higher property values and more upscale development. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: LDC Sections for the C-4, C-5 and RT zoning districts and Section 6.3, Definitions_. NOV 1 9 2002 Sec. 2.2.8. Residential tourist district (RT). 2.2.8.4.3. 2.2.8.4.4. 2.2.8.4.5. Minimum yard requirements. . Maximum height. Ten stories or-for a maximum height of 100 feet: wh-.'chc;'cr is greater. maximum of 26 density pe~nitted A Maximum · motelsrimd 16 units p~r acre for ~ mulfifamily when located within an activity center or if the RT zoning was in existence at the time of adoption of this code. When located c'~tsid¢ an activity center, except as pro-.;ided above, the density shall be d:termined through application of the den'~ity rating system established in the Collier County growth managemeat plan, but shall not exceed 16 units per acre. 2.2.8.4.7, Floor area requirements. 2.2.8.4.7.1. 500 square feet minimum for timeshare facilities. Minim_ _ um t~_equirements for multiple family, efficiency, 450 square feet; one bedroom, 600 square feet; two bedrooms or more, 750 square fcet. 2.2.8.4.7.2. 300 square foot minimum for hotels and motels., w:,'& a 500 square g, fc,.xi,,-x:~,-z. ~' to ......,~' Floor area ratio. The maximum floo.r. 2.2.8.4.8. '~' ~ .......... 2.2.8.4.9. _j?Jaximum lot coveraI~e ('R. cscrvcd.) parking and off-street loading. As required in division 2.3. 2.2.8.4.11. Landscaping requirements. As required in division 2.4. LDC AMENDMENT/ / NOV 1 9 2002 Division 2.2 ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS Sec. 2.2.15. General commercial district (C-4). 2.2.15.4.3. Minimum yard requirement& 1. Front yard. 25 feet or one-half of the building height as measured from each exterior wall, whichever is greater. Structures 50 feet in height or greater shall mai.nta~n a minimum 0fa 25 foot front yard setback and shall be required to provide an additional 1 foot of setback for each foot of bailding height in excess of 50 feet. r area ratio ~ The maximum floor area ratio for 2.2.15.4.?. Floo · hotels and motels shall not exceed a factor of 0.60~gX~,~.~ ~,~tg~f. vta~l~ ~,m~i ~ ~ ~.~.~ ,~o ...... -,_ :.,r:_.-~- --=.: .................................. ................................ o,,+:;,~ ....:+;.,;+ ,,~,,+~,,~ Reserved 2.2.15 V2.3. Conditional uses for C-5. The follow~g uses are permissible as conditional uses in the heavy commercial district (C-5), subject to the standards and procedures established in division 2.7.4. 9. Hotels and motels (groups 7011, ;9-2-t-, ~ 7041 when located outside an activity center. 2.2· 15 V~.4.3. Minimum yard requirements. 1. Front yard. 25 feet· cr · 7..~ t ..... 3 R y d · ear ar . ,~, measured :from each exterior wall.,' ' · The rnaxim~tm floor area rat!£ for hotels and iry. 2.2.15 V~.4.8. Maximum dens 26 out:id= ar. act?i.9' ~,er. Reserved. NOV 1 9 2002 Attachment C Attachment D NOV ~ ~ 2002 Staybridge Suites [ Design - 2 bed PRIORITY CLUB~ PIN~ Page 1 of 1 START PAGE [This Page ~ r- remember my in~ Two Bedroom HOME FIND A HOTEL RESERVATIONS PRIORITY CLUB® Two bedrooms each with separate batl separate living room and full kitchen v microwave, fridge, stove and utensils. workspace with ergonomic seating, hi~. Internet access, data ports, direct-dial with voice mail and speakerphone. A t in each bedroom with expanded cable video cassette recorder. 775 S.E Press Office / Phone & E-Mail / Terms Of Use / Privacy Statement / About Six Continents Hotels 2002 Six Continents Hotels, inc. Ail rights reserved. Most hotels are independently owned and operated. Attachmen NOV 1 9 2on ":,'c,~ :llwww .sixcor, tinent siio'~eLs ,c~;~,~' s~ayLi'ifig¢? _ien',piate=sbtwobed.html 6/18~2002 il .Charter Club Resort on Naples Bay Page 1 of 2 FLOOR PLAN/FEATURES mbout · e fioorpbn unks · mirim · ufir~L"(ions m r~tes · uk~euro .p~ ..,.,., booking a } ,~, virtuol tour reser~tlom · home With 11 three story buildings, the Charter Club Resort on Naples Bay prides itself in offering the finest in vacation living. Inside your spacious 1,240 square foot unit, you'll find some of the largest accommodations found anywhere with _two bedrooms, and two baths, living room, ~, and a fully-equipped kitchen. http://www.charterclubresort.corn/features-htm EXCERPT FROM SDP 97-99 SHEET 1 9 2002 A~c#mem 6 YARIANCE PETITION (VARIANCE FROM SETBACK ($) REQUIRF2) FOR A PARTIC-qJLAR ZONING DISTRICT) Petition No. Commission District: VA-2002-AR-2015 Date Petition Received: PROJECT #19993439 DATE: 1/28/02 KAY DESELEM Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: * Petitioner's Name: Petitioner's Address: Manatee Resort Condominium Association, et al 9566 Gulfshore Drive Naples, FL 34108 T¢lq~hone: 2 61 - 9 5 5 5 Agent's Name: Austin White/Becker & Poliakoff, P.A. Agent's.Address: 3003 Tamiami Trail North, Suite #210 Naples, FL 34103 * See attached list of unit owners. Telephone: 2 61 - 9 5 5 5 COLLIER COUNTY COM]HUNrrY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Page Applicatima for Vm'lm~ee Petition AC, ENOA NOV 1 $ 2002 of 8 ~ Complete the following for all Association(s) affiliated with this petition. shee~ if necessary) 0h'ovide additional Name of Homeowner Association: Manatee Mailing Address 9566 Gulfshore Drive Resort Condominium Assoc., Inc. City Naples, State FL Zip 34108 Name of Homoown~r Association: Mailing Address Name ofHomoown,r A~o~afion: City State Zip. Mailing Address City State Zip Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State __. Zip PROPERTY DF, SCRIFFION; Legal Description of Subject Property: Conners Vanderbilt Beach Estates Subdivision: Unit Soction Twp. Range bt 5'0 ' 04- L,,~- i,/ -i-' Lot (s), 1 5 / 1 6 Block (s) B Metes & Bo~/nds Description: a copy of the survey. See attached copy of SDP-1 which shows Application far Variam~ Petitl~ - &ng~ Page NOV 1 9 2002 Address of Subject Property: (If different from Petitioner's address) Same. Current Zq. ning and Land use of Subject Parcel: RT Zoning and £esidential land use. Adjacent Zoning & Land Use: N RT 'Residential RT Residential S RT Residential W RT Vanderbilt Lagoon E Minimum Yard Requirements for Subject Property: Fwnt: 55% or 20' Comer Lot: Yes [] No [] Side: 55% or 20' Waterfront Lot: Yes [] No [] 55% or 20' Appileatieu for Variaaee Petitio~ - [/98 NOV 1 9 2002 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbem, i.e. reduce front setback from 25' to 18'; when property owner purchased property;, when existing principal structure was built (include building permit number (0 if possible); why encroachment is necessax3r, how existing encroachment came to be; etc. There are 19 units existing in a 4 story structure. No encroachments or setbacks are at issue. The permit number is 97-101322. This application for variance is necessary for the approval of the existing square footage of each of the 19 units as approved by Collier County as part of the final SDP (#97-099), of September 8th, 1997. The variance is necessary as the square footage of each unit exceeds the maximum allowable, square footage for the hotel room (500 SF), as set forth in .the land development code requirement in effect at the time of the approval of the final SDP by Collier County. Applica~ for Varlam~ Pe~tion - ~ Page 4 of Plca~c no~c thai staff'and the Collier County Planning Commission shall bc guided in their recoumJcndation to the Board of zoning Appeals, and thai the Board of zoning appcals shah be guided in its determln=~on to approve or deny a variance petition by the below li~ted critcria (1-8). (Please address ~ criteria using additional pages if ,~ece.~ary$ Are thcrc special conditions and circ-m~tanccs existing which arc pec~!!~r m U:~ location, size and characteri~cs of the land, structure, or building involved. Yes, the building has been constructed in accordance with the approved SDP. Arc there special conditions and circumstances which do not result from the action of thc applicant such as pre-existing cond/tiom rehtive to the property wh/ch is the subject of the v~iance reque.~ No. Wffiahte:r~~fionofthe~ovisio~ ofthiszon~zcodewo~~m~dunduc hardshipon~eappbcantor~m~p~caldi~iculfi~ ~thea~hcanc Yest undue hardship, in that the building has been constructed in accordance with the approved SDP. Will the variance, ffgramed, be thc minimum variance that will make possible the r~asonable use of thc land, bui]dlnE or sUucturc and which promote staadards of health, safety or welfare. Yes. for Vntianee Petition - Pqe S of 8 NOV W/Il ErantinE the variance requested confer on the petitioner any special pdvilese that is den/ed by these zoning r~gulations to other lauds, buildings, or structures in the same zoning disu-ict. NO. Will grant/uS thc variance be in ham~, y with thc intent and purpose ofthis zoning code, and notbe injurious to thc neighborhood, or othc~/se dcuimental ~o thc public welfare. Yes. Are there natural conditions or physically/nduccd cond/tions that ameliorate thc goals and object/yes of the regulation such as natural preserves, lakes, golf cotu~ crc. NO. 8. Will grantin~ the variance be consistent with thc growth management phn Yes. Application for Variam:e Petitio~ - 8/98 NOV 1 9 VARIANCE PETITION APPL~[CATION SUBMITTAL CHECKLIST THIS COMI>LETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKETI R Ii'. Q UIREMENTS # o r ,, COPIES REQUIRED 1. Completed Application 15 2. Completed O*~e'r/Agen! A/fidavit, Notarized 3. Pre-application x~0tes/minutes 15 4. Survey of proPerty, showing the encroachment I' 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location] map depicting major streets in area for 1 reference 7. Application fee and Data Conversion Fee, checks shall . be made payable to Collier County Board of Commissioners 8. Other Requirements - _ As the authorized agcat/apphcaat for this p~fioa, I attest that all of the irffo_.rm~tion indicated on this checklist is included ia ~ rubmittal package. I understand that failure to include all necessary ~abmittal information may result in the delay of processiag of th/s petition~ · __.) January 21, Applican~Agent Signature Date E. Austin White, Esquire 2002 Application for Variance Petition - 8/98 Page 7 ol NOV 1 9 2002 pg.,3~ LIST OF UNIT OWNEKS MANATEE P, ESOP, T CONDOMINqlTM ASSOCIATION, INC. 2. 3. 4. 5. 6. 7. 8. 9, 10. 11. 12. 13, 14. 15. 16. 17. 19. Joseph T, and Janet C. Smith Peter G. and Deborah lC Smith James D, Allen, "~.r. Edna Roth Cecil J. and Sharon K. Petitti, 1t Anthony P. and Lynn 1~ Palladina Daniel J. and Diane K, Gavin Eittme Fulton Cyril E. Fulton Gordon E, Ens and Carol I. Dormer James 1~ and Joan M. Devore 171625 Canada, lnc. William R. Borbely Larry I. and Marcelene A. Gode Gary L, Alderman and Mary J. Alderman Robert I. and Sue A. Massey Frederick P. Nader Carol A. Cowell Gayle Hillman NOV 1 9 2002 LAW OFFICES PoA. BECKER & POLIAKOFF The Colonnades 13515 Bell Tower Drive, Suite 101 Ft. Myers, Florida 33907 Phone: (941) 433-7707 F&x: (941) 433-5933 Fl, Toll Free: ~800) 452-7780 Webslte: www.becker-pollako ff.c om Collier Place I 3003 Tamlamt Trail North, Suite 210 Naples, Florida 34103 Phone: (941) 261-9555 Fax: (941) 261-9744 FL ToU Free: (800) 362-?537 Webslte: www.becker-poll ako fl-corn Florkia Offices Admin~'-trative Office 3111 Stirling Road Ft. ~uderdale, FL 33312 U.S. Toll Free: (800) 432-7712 Boca Raton'. Ft. Myers Ft. Walton Beach Hollywood Jacksonville Melbourne' Miami Naples Orlando PorX Charlotte' St. Petersburg sola ~ allahassee Tampa West Palm Beach International Offices Beijing, People's Republic of China Prague, Czech Republic Affiliated Ofrx, es Paris, France Frankfurt, Germany Bern, Switzerland January 22, 2002 Susan Murray, AICP Collier County Current Planning Manager 2800 North Horseshoe Drive Naples, Florida 34104 Re: Reply To: Naples Office or awhite~becker-poliakoff, com VA-2002-AR-2015 PROJECT #19993439 DATE: l/28/02 KAY DESELEM Variance Petition/Manatee Resort Condominium Association, Inc., et al. Dear Ms. Murray: Enclosed herewith please find a Variance Petition for filing on behalf of the nineteen (19) unit owners at the Manatee Resort Condominium by the Manatee Resort Condominium Association, Inc. ("the Association"), as agent, for the approval of the existing square footage of each unit in the Manatee Resort Condominium building, which was approved by Collier County as part of the final site development plan for the Manatee Resort Condominium on September 8, 1997. Please note that ! have attached the affidavits of sixteen (16) individual unit owners to the Variance Petition. The additional three (3) unit owner affidavits will be submitted to your office as soon as they have been received from the remaining unit owners. It is my understanding that your office requires a pre-application conference with the applicants' agent on the processing of the Variance Petition. Accordingly, the Association hereby requests that such a pre-application conference be scheduled at your earliest convenience. If you have any questions concerning the application, please feel free to contact me. Thank you for your cooperation in this matter. EAW/wbk Enclosures (as stated) 29069_1 .DOCnap RECEIVE JAN 2 2 201 Very truly~yp~rse E. Austin White For the Firm NOV 1 9 2002 BECKER LAW OFFICES POLIAKOFF P.A. The Colonnades 13515 Bell Tower Drive, Suite 101 Irt. Myers, Florida 33907 Phone: (941) 433-7707 F&x: (941) 433-5933 FL Toll Free: (800) 462.7780 Webslte: www.becker-poliako fi. co m Collier Place I 3003 Tmltml Trill North, Suite :210 Naples, Florida 34103 Phone: (941l 261-9555 F&w: (941) 261-9744 FL Toll Free: (800J 362-7537 Website: wvv.becker*polltko fi. corn Fiorkl~ Offices Administrative Office 3111 S6fling Road Ft. lauderdale, FL 33312 U.S. Toll Free: {800) 432-7712 Boca Raton* Ft. Myers Ft. Walton Beach Hollywood jacksonville Melbourne' Miami Naples Orlando Port Chadoue' St. Petersburg arasota llahassee ampa st Palm Beach Beijing, People's Republic of Chim Prague, Czech Republic Frankfurt, Germany Bern, Switzerland Reply To: Naples Office or awhite~becker-poliakoff, corn January 25, 2002 Ms. Glenda Smith Collier County Planning Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: VA-2002-AR-2015, Manatee Two Towers Dear Glenda: Enclosed please find Check No. 1663 in the amount of $1,175.00 payable to Board of County Commissioners in payment of the additional fees required for the variance petition, as stated in your letter to me dated January 24, 2002. Very truly you, rs, ~~ / E. Austin White For the Firm EAW/wbk Enclosure (as stated) RECEIVED JAN 2 5 2002 NOV 19 2002 ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. T project. Items in bold Wpe are required. Not all items will apply to 1. Legal description of subject property or properties (copy of lengthy description may be attached) _ Lot 15 & 16~ Block B~ Unit 1~ Connor's Vanderbilt Beach Estates {surve,y attached} 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than one) 56451000001 ~ 27481320007 3. Street address or addresses (as applicable, if already assigned) 9566 Gulf Shore Drive 4. Location map, showing exact location of project/site in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 97 99 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) 10. [-'] SDP (Site Development Plan) ['-1 SDPA (SDP Amendment) [~ SDPI (SDP Insubstantial Change) [--] SIP (Site Improvement Plan) [-'l SIPA (SIP Amendment) [-'] SNR (Street Name Change) [-] Vegetation/Exotic (Veg. Removal Permits) I~ Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) ['--] PPL (Plans & Plat Review) ['-] PSP (Preliminary Subdivision Plat) [-'] FP (Final Plat) [-'] LLA (Lot Line Adjustment) I-~ BL (Blasting Permit) ['-I ROW (Right-of-Way Permit) ['-] EXP (Excavation Permit) ]--1 VRSFP (Veg. Removal & Site Fill Permit) [-] Other - Describe: Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) Manatee Two Towers Please Check One: ['--] Checklist is to be Faxed Back Applicant Name Phone Fax Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number ~ Address Number Address Number dress Number Revised 3-21-01 Approved by ~w ~ !aN 2 4 2002 Date d~ ~- Z...Lt. - ? ~ VA-2002-AR-21 '15 PROJECT #199c~ 343~0V 1 S 2002 DATE: 1/28/02 KAY DESELEI~ BECKER & 1AW OFFICES POLIAKOFF P.A. The Colonnades 1:3515 Bell Tower Drive, Suite 101 FL Myers, Florida 33907 Phone: (941! 433-7707 F&E (941) 433-5933 FL Toll Free: (800) 463.?780 Webslte: www.becker-poll akoff, com Comer Place I 3003 Tamlaml Trail North, Suite 310 Naples, Florida 34103 Phone: 1941) 261-9555 F~ (041! 261-9744 FL Toll Free: (800) 363-7537 Webelte: www.beeker*poilakoff, com RECEIVED FEB ! 2 2002 Florida Offices Administrative Office 3] ] } Stiding Road Ft. Lauderdale, FL 33312 U.S. Toll Free: (800) 432-77]2 bp~becker-poiia kerf.corn [~ R~ton' Ft. Myers F~. ~:all()n Beack, Jacksonville Melbourne' Miami Naples- Orlando Pon Charlotte' St. Petersburg Sara$o~ Taliahassee Tampa X~est Palm Beach International and Affiliated Offices Prague. Czech Republic Paris, France Frankfurt. Germany Beiiing. People's Republic of China Bern. Switzerland ~ CONSULEG1S Membrr of Consulegls. of Law Firms JYetwork of Leading Law Firms Reply To: Naples Office or awhite~becker-poliakoff, com February 8, 2002 VIA FACSIMILE # 941/643-6968 and Reg~4ar U.S. Mail Ms. Kay Deselem, AICP Collier County Government Planning Services Department 2800 Horseshoe Drive North Naples, Florida 34104 Re: Manatee Resort Condominium, VA-2002.-AR-2015 www.becker-poliakoff, com Dear Ms. Deselem: This will respond to your recent request for a clarification of the relief being sought by Manatee Resort Condominium Association, Inc. ("the Association") in the above- referenced variance application. Please be advised that the Association is requesting a variance from the maximum floor area requirement for hotel units for each of the nineteen (19) units in the Manatee Resort Condominium, which is located in a Residential Tourist (RT) zoning district. In that regard, the Site Development Plan for the Manatee Resort Condominium was approved by Collier County on September 8, 1997 (SDP 97- 99). The Site Development Plan approved by the County stated clem-ly thereon 'that the minimum floor area of each unit was at least 2,200 square feet. The Manatee Resort Condominium was approved for hotel and transient uses. At the time of the approval by Collier County of the Site Development Plan in 1997, Section 2.2.8.4.7.2 of the Land Development Code provided for a floor area requirement for hotels in the RT zoning district of a three hundred (300) square foot minimum with a five hundred (500) square foot maximum, except that twenty percent (20°4) of the total units may be utilized for suites. It is my understanding that this floor area requirement for hotels in an RT zoning district was removed by the County from the Land Development Code in June, 2000, but NOV 1 9 2002 Pr,._/'"~ -- Ms. Kay Deselem, AICP Collier County Government Planning Services Department February 8, 2002 Page 2 was later readopted by the County as a requirement in June, 2001, and is now contained in Section 2.2.8.4.7.2.1 of the Land Development Code. A~er the approval of the Site Development Plan by Collier County in September, 1997, the developer of the Manatee Resort, Manatee Communities, Inc. ("the developer") constructed the Manatee Resort Condominium in accordance with the approved Site Development Plan, pursuant to Building Permit No. 97-10322 issued by Collier County. The developer thereafter conveyed all of the units to the individual unit owners, who are the members of the Association, and has turned over the control of the Association to the unit owners, pursuant to the requirements of Chapter 718, Florida Statutes, the Florida Condominium Act. However, in August, 2001, the Collier County Code Enforcement Board issued a Notice of Violation to the Association and to each of the individual unit owners in the Manatee Resort for the failure to have an occupational license for hotel/transient use, for exceeding the maximum allowable area of 500 square feet per hotel unit by sixteen (16) of the nineteen (19) units, and for the unauthorized change in use of the Manatee Resort to a residential use. This matter has been continued by the Code Enforcement Board to allow this variance application to be considered by the County. Accordingly, the variance is necessary in order to allow the owners of the units to be in compliance with the minimum floor area requirements of the RT zoning district for each unit, as such requirements existed in Section 2.2.8.4.7.2 of the Land Development Code at the time of the Site Development Plan approval in 1997. Please call me if you have any further questions relating to the purpose of this variance request. Thank you for your cooperation in this matter. Very truly yours, ~ E. Austin White For the Firm EAW/wbk cc: Mr. Chuck Cowell, President, Manatee Resort Condominium Association, Inc. NOV 1 2002 LAw OfficES BECKER & POLIAKOFF, P.A The Colonnades 13515 Bell Tower Drive, Suite 10! Ft. Myers, Florida 33907 Phone: [941! 433-7707 Fax: (941) 433-5933 FL Toll Free: 1800] 462-7780 Webelte: www.becker- poli ako ff.c o m Comer Place I 3003 Tamlaml Trail North, Suite 210 Naples, Florida 34103 Phone: (941J 261-9555 F~ (941) 261-9744 FL Toll Free: (800} 362-7537 Website: www.becker-poll akoff, com Administrative Office 3111 Stifling Road Ft. Lauderdale. FL 33312 U.S. Toll Free: (800) 432-7712 Boca Raton' Ft. Myers Ft. Walton Beach Hollywood Jacksonville Melbourne' Miami Naples Odando Port Charlotxe' St. Petersburg Sarasota Tallahassee Tampa West Palm Beach lmernational Offices Beiiing, People's Republic of China Prague. Czech Republic Paris, France Frankfurt, German}' Bern, Switzerland Reply. To: Naples OIV~ee or awhite~becker-poliakoff, com January 31, 2002 VIA FACSIMILE # 941/643~968 and Regular U.S. Mail Kay De-~elem, AICP, Principal Plan~er Planning! Services Department Collier County Government 2800 Horseshoe Drive North Naples, Florida 34104 Re: Legal Description for Manatee Resort Condominium Variance, VA-2002-AR-2015 Dear Ms. Deselem: In accordance with your recent request, enclosed herewith for your review please find a copy of the survey for the Manatee Resort Condominium development. Unfortunately, the legal description set forth on the survey, and included in the variance petition referenced above, is not complete. The correct legal description for the property which is the subject of the variance petition is as follows: The North fifty (50) feet of Lot 14, and all of Lots 15 and 16, Block B, Conner's Vanderbilt Beach Estates, Unit No. 1, according to the plat thereof, recorded in Plat BOOK .3, Pages 8 and 9, Public Kecords of Collier County, Florida. Thank you for bringing this discrepancy to my attention. Please call me if you have any further questions relating description for the Manatee Resort Condominium. EAW/wbk Enclosure (as stated) 23122_l.DOCnap to the legal E. Austin White For the Firm AC~-~ NOV 1 9 2O02 LAND SURVEY FOUND lF1772 LO~ ~g IrDUND NO ~ .'L PP C1 200.1 200.[ FOUND C4 NOV 1 ~ 2002 LAW OFFICES BECKER & POLIAKOFF, P.A. The Colonnades 13515 Bell Tower Drive, Suite 101 Ft. Myers, Florida 33907 Phone: (941) 433-7707 Fax: ~941) 433-5933 FL ToU Free: (800} 462r7780 Website: www.becker-pollakoff, com Collier Place I 3003 Tamlaml TrMI North, Suite 210 Naples, Florida 34103 Phone: ~941) :261-9555 Fax: (941) 261-9744 FL ToU Free: (800) 362-'7537 Webslte: www.becker-pollako ff. com Administrative Office ~111 Stifling Road Ft. lauderdale, FL 33312 U.S. Toll Free: (800) 432-7712 Boca Raton' Ft. Myers Ft. V/ahon Beach HoUywood Jacksonville Melbourne' Miami Naples ' Orlando. Port Charlotte' St. Petersburg Sarasota Tallahassee Tampa West Palm Beach International Ofi~c~ Beijing, People's Republic Czech Republic ~t"fliated Offices Paris, France Frankfurt, Germany Bern, Switzerland Rcply To: Naples Office or aWhite~becker-poliakoff~com January 25, 2002 Ms. Olenda Smith Collier County Planning Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: VA-2002-AR-2015, Manatee Two Towers Dear Glenda: Enclosed please find Check No. 1663 in the amount of $1,175.00 paYable to Board/of County Commissioners in payment of the additional fees required for the variance petition, as stated in your letter to me dated January 24, 2002. Very truly yours, , E. Austin White For the Firm EAW/wbk Enclosure (as stated) RECEIVED JAN 2 § 2002 2002 Administrative Office 3111 Stidin8 Road Ft. Lau~k~:lale, FL 33312 FL Toll Free: (800) 432-7712 Boca Rato~' Clearwater Ft. Myers Hollywood Melbourne' Miarn~ Naples Orlando Port Chaflone' St. Pete~'sburg ,npa West Palm Beach International Off. s: People's Republic d Chim Prague, Czech Republic Bern, Switzerland' LAW OFFICES BECKER & The Colonnades 13515 Bell Tower Drive, Suite 101 Ft. Myers, Florida 33907 Phone: (941) 433-7707 Fax: (941) 433-5933 FL Toll Free: (800) 462-7780 lntemet: www.becker-poliakoff, com Email: bpObecker-poliakoff.com POLiAKOFF~ P.A. Collier Place I 3003 Tamiami Trail North, Suite 210 Naples, Florida 34103 Phone: (941) 261-9555 Fax: (941) 261-9744 FL Toll Free: (800) 362-7537 Intemet: www.becker-polia koff.com Email: bp~becker-poliakoff, com ~ Reply To: Naples Office or awhite~becker-polia koff. com Ms. Kay Deselem, AICP Collier County Governmeni Planning Services Department 2800 Horseshoe Drive North Naples, Florida 34104 Re: May 21, 2002 VA-2002-AR-2015, Manatee Two Towers Variance Petition Dear Ms. Deselem: In accordance with your request, enclosed herewith for filing in the above- referenced matter please find~he original authorization documents providing that ~e Law Firm of Becker & Poliako~ P.A.-act as the representative in the above- referenced matter for the foll6:wing unit'-owners in__the Manatee Resort Condominium: 2. 3. 4. Daniel and Diane Gavin Cyril Fulton Eithne Fulton "' Frank Cleyn, President of 171 625 Canada, Inc. (together with a Corporate Resolution evidencing that Mr. Francois V. Cleyn is President of 171 625 Canada, Inc.) Please call me if you have any questions related to the foregoing. Very truly yours, ,- , E. Austin White - For the Firm EAW/wbk Enclosures (as stated) 23697_i .DOCnap AGE~I~E) A IT~ NOV 1 9 2002 Pg. ~ AFFIDAVIT being first duly sworn, depose and say that we/I We~l, am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that 'all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true,to the best of our knowledge and belief Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been ~ubmitted. As property owner We~l further authorize E. Austi.n White, Becker & Poliakoff, P.A. to act as our/my representative.in any matters regarding thL; Petition. ~Signat~e Typed or Printed Name of Owner Sig The foregoing instrument was acknowledged before me this 200~.____, by _~'~"/'~ 0%. ~ ~'~sg~ Typed or Printed Name of Owner F.~,/z~ who is personajly ~own t° me or_ ha_s pr6d~ uced as ident~cation. State of Floricla County of Collier (Signature of Notary Public - State of Florida) Notary Stamp NOV 2002 A FFIDA VI T ~F'g/], C..¥ ~, ~ I... ~ t.."r'~ f~ being first duly sworn, depose and say that we~1 am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of ourknowledge and belief. We/l understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete. and aH required information has been submitted. ~Is property owner Well further authorize E. Austin White, BeCker & Poliakoff, P.A: to act as our/my representative in any matters regarding this Petition. Signature of PrOperty Owner Signature of Property Owner Typed or Printed Name of owner Typed or Printed Name of Owner The foregop~g instrument was acknowledged before me this ~ day of tO/9~t L~ 20[~_ by _(~5~yl~/'& ~t~?~7-~/O who is personally ~own to me or ~ produced - / ~ as ident~cation. ~ ...... ~ ~ (Si~ature of Nota~ Public - State of Florida) State of Florida County of Collier Notary Stamp A ~;-;-~ h~A ITE~ NOV 1 .q 2O02 AFFIDA j~/I, l~.i'T~l~ ~-~h~-'i-~r,4 being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that' all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been.,submitted. As property owner tqe/l further authorize E. Austin White, Becker & Poliakoff, P.A.. to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Signature of Property Owner Typed or Printed Name of owner Typed or Printed Name of owner The foregoin_g instrument was acknowledged before me this ~ day of 4~/c-' d 200cg by ~f~A/f, ~¢ 7~/ who is personally knownto~ me or has produc~, ...--- as identification. _ % State of FIorida County of Collier (Signature of Notary Public - State of Florida) N oiary Stamp NOV 1 9'2002 AFFIDAVIT We/], /'7! ~0.~" ~-~tl)tg~ ,~ being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this. application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and aH required information has been submitted. ~ts property owner Well further authorize E. Austin White, Becker& Poliakoff, P.A. to act as our/my representative in any matters regarding this Petition. ~ignature of Prop~erty Ow~r Signature of Property Owner Typed or Printed No/ne of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this a:,L~-- day of/9/~P./L 20 a:~, by /~.~6J who is personally known to me or has produced- - as identification. ]'~ ' ~ ' State of Florida County of Collier (Signature of Notary PubliC - State of Florida) Notary Stamp NOV t 9 2002 Administrative Office 5111 Stifling Road Ft. Lauderdale, Fl. 55312 FL 'Foil Free: (800) 452-7712 Boca Raton' Clearwater Ft. Myers Hollywood Melbourne' Miami Naples Odando Port Charlotte' St. Petersburg 5arasota illahassee West Palm Beach · saxztga~for contortion International Offices: People's Republic of China Prague, Czech Republic Bern, Switzerland' BECKER & The Colonnades 13515 Bell Tower Drive, Suite 101 Ft. Myers, Florida 33907 Phone: (941) 433-7707 Fax: (941) 433-5933 FL Toll Free: (800) 462-7780 lntemet: www.becker-poliakoff.com Ernail: bP~becker-poliakoff, com POLIAKOFF- P.A. Collier Place I 3003 Tamiami Trail North, Suite 210 Naples, Florida 34103 Phone: (941) 261-9555 Fax: (941.) 261-9744 FL Toll Free: (800) 362-7537 Interact: www.becker-polia koff.com Email: bl~becker-poliakoff, com Reply To: Naples Office or aw hite(~bee ker-polia kofl'.eo m May 14, 2002 VIA FACSIMILE # 941/643-6968 and Regular U.S. Mail Ms. Kay Deselem, AICP Collier County Government Planning Services Department 2800 Horseshoe Drive North Naples, Florida 34104 Re: VA-2002-AR-2015, Manatee Two Towers Dear Kay J In accordance with your request(enclosed herewith please find an Affidavit which I have executed, authorizing Michael Fernandez, President of Planning Development, Inc., to act as representative for the Manatee Resort Condominium Association, Inc. and the unit owners in the above-referenced vari_'~ance application.. call me if you have any questions concerning this Please feel free to Affidavit of authorization. E. Austin White For the Firm EAW/wbk Enclosure (as stated) ce: Para Pettit, Manager 23652_1 AGF_N~A IT~.~ NOV 19 ZOO2 AFFH)AVIT We~I, E. Austin V?hite, attorney for Manatee Resort Condominium Association, lnc., et al., being first duly sworn, depose and say that we/I am/are the owners of the property describect herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner We/I further authorize _Michael Fernandez, Planning Development ~ to act as our/my representative in an)' matters regarding this Petition. Signature of Property Owne, r Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name~of Owner The foregoing instrument was acknowledge before me this //~7/~. day of ~'~.~)'.¢/ , - 20.~_._, by j~j. ~_~7'//? ~/ ~ who is personally ~own to ~- (Signature of l~ota-ry Public - State of Florida) State of Florida County of Collier Notary Stamp NOV 1 ~ 2002 ... ., . '."~,.:...y:,~):". : .'; ... . · ~ ' :... : STATE OF INDIANA ) ) SS: COUNTY OF ~ ) Betbre mc the undersigned, a Notary Public for ~..~~ County, State o1' Indiana, personally appeared ,.._J 0,4 M' /~q. '~{ vo/~ ~' and acknowledged Ihe execution ot'this instrument this ~ ~k~ day Notary Public AGENDA ITE_~,'~ N~._q NOV 19 2002 V A-2002-AR-20'I 5 PRO.TF_,CT #19993439 DATE: 1/25/02 KAY DESELEM · . ...: · .:....-.'..;, · . :~' '$'- .' .. . ' '.'..':' · ::.':..' .}.,".' ..:'. · :..;.:. · · .' VA-2002-AR-2015 '" PROJECT #19993439 DATE: 1/28/02 KAY DESELEM RECE ] VED FROM :9°-I 59?-92 29 NOV 1 a..~.,"arc '~n~: .z~ ~j'..~hc p,"'o~..r~, a~rcnv~ k~ein and "~ :' . m~ ~ .e~m~lete and acc'~;'ate and, hr? t~. ~et.:tent ~['~th~¢ ~t~ w!:efher c(~puter get~e~ or ~uncr ~nted shal~ ~:~..~ z~c at~, ~.."~dic .~n'n~' ~dil not b, dv~rised amii ;,SLs a~rd~at~on ~ d~em~' a~letc, VA-2002-AR-2015 PROJECT #19993439 DATE: 1/28/02 KAY DESELEM We~l, ~, ~. ~ lie_j% being first duly sworn, depose and say that we/I am/are the owners of the property described herein, and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. W'e/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner WefI further authorize ~.r~/lr) ~)/3i ~C ~y~ ~,(e~' ~ ~'~ ] lO~~ to act as our/my representative in any matters regarding this Petition. ' ~ta tur~ 'of'Property Owner Signature of Prop~erty Owner Typed or Printed Name of Owner Typed or Printed Name of Owner trument was acknowled ed b ore me this ~ ] 5~[ day of The foregoitlg ins . . _ g ej~( , ~ O00a~ ~ ~ by ~ ~. ~.~_l-r~ ~. ~. ~ personc~t~v known lcom'~or ha~roduc~ (J as id~ntification~ . State of Florida County of Collier OFFICIAL NOTARY $~.AL I CHRIgTY MAY NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC993295 MY COMMISSION EXP. FEB. 3,2005 Application for V~ri~ P~tflon - S095 (l~rint, Type, or Stamp Commissioned Name of Notary Public) A~EhK)A ITE~ SNOV I 2002 _I VA-2002-AR-2015 PROJECT # 1999343 9 DATE: 1/28/02 KAY DESELEM F/e//, Robert & Sue Massey being first duly sworn, depose and say that we. fi am/are the owners of the propert~ described herein, and which is the subject matter of the proposed hearing; that all the ar4'wers to the questions in this application, including the disclosure of interest information, al~ketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. F/e/l understand that the information reque~te'l on this application must be complete and accurate and that t~e content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. .4s property owner F/e/I further authorize Austin White of Beck6r & to act as our/my representative in any matter~ regarding this Petition. Pol iakoff, P. A. '~3~gnature of tfroperty Owne~_~ $~nature of Pro'perry Owne~ Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument w_as aclcnowledg before me this ~ / .~4 day of by__ fxO~'~ (~. f)~~'" ~v.~o is personally known t6 m---~r has~roduced .~ a. ~ --u: ::. .... V;~,~,,. ~tate of Florida County of Collier APl~eatioa for Varia~ee Petitioa - ~ (Pri.~, Type, oft 'tamp Corn Name of Notary Public) ~ry public Pa~e 8 ,fINOV 1 9 2002 VA-2002-AR-2015 PROJECT #19993439 DATE: 1/28/02 KAY DESELEM We~I, Joseph & Janet Smith being first dUly ~worno depose and say that we/I am/are the owners of the property described herein and which is the ~bject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are hone. st and true to the best of our knowledge and belief. We/] understand that the information requested on this application must be complete and accurate and that the content of thi~ form, whether computer generated or County printed shall not be altered. Public hearings will not be. advertised until this application is deemed compIetc, and all required information has been submitted. , ~ property owner We/I further authorize Austin White of. B~cker & to act as our/my representative in any matters regarding this Petition. Po 1 i a ko f t, P. A. Typed o) ~nted Name of Owner Typed or Printed Name of Owner State of Florida County of Collier .......... ,~'~ ~.r~. ~lt.Z $ (t~rint, Type, or ~tamp {' ~~ . Nme o£ ~vo~..~ e,~U .,) ~ '7 ~'- ~ 19 2002 VA-2002-AR-2015 PROJECT # 19993439 DATE: 1/28/02 KAY DESELEM We//, Cecil & Sharon Petitti being.first duly sworn, depose and say that we/I am/are the owners of the property described herein .and which is the subject matter of the proposed hearing; that all the anSWers to the questions in this application, including the disclosure of interest information, ali sketches, data, and o~her supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We. fi understand t.~t the information requected on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. Ax property owner Well further authorize Austin White of aa our/my representative in any matters regarding this Petition. '$ign~r Typed or Printed Name of Owner Becker & to act Poliakoff, P.A. /Signature of PrOperty Owner Typed or Printed Name of Owner The foregoin, g i.ns.~tru~n, en.t was aaknowledged_ bqfore me this c~/ ~ ; day of C~ ~r~ ~ , by Co~ ~, ~/rthan tL [3o~/~ '/6.' ~onally known to m~z~r ha~l~roduced State of Florida County of CoUier as identification. Name of Notary Public) Applicatio~ for Variance Petition NOV 1 9 002 VA-2002-AR-201 $ PROJECT # 19993439 DATE: 1/28/02 KAY DESELEM We~I, William R, Borbely, Trustee being first duly s~vorn, depose and say that well am/are the owners of the property described herein and which is the subjeat matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We.~7 understand that the information requested on this application must be complete and 'accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will nOt be advertised until this application is deemed complete, and all required information has been submitted. Ax property owner I~efl further authorize Austin White of Becker &' to act ax our/my representative in any matters regarding this Petition. goliakoff, P. A. ~g/nature of Property Owne~/ Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged~before me this ~ / SJ day of o~)O c~ 11~- , by ~,tJ ~ ~. ~o'~ i.~c~ M ~I~o is pers°nally kno .wn to m~or ha~ pro~ as ide~nt~ficatiora State of Florida County of Collier Applicafloa for Variam~ Petition - gt98 NO¥ 1 9 2002 VA-2002-AR.2015 PROJECT # 19993439 DATE: 1/28/02 KAY DESELEM P/e//, M. Gode & F. & V. Nader beingfirst duly sworn, depose and say that we/I am/are the owne. m of the property described herein and which is the ~ubjer. t matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true t° the best of our knowledge and belief. P/e/I understand that the information requestexl on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be adver'tised until this applican'on is deemed complete, and all required information has been submitted. /i~property owner P/efffurther authorize Austin White of Becker & i to act as our/my representative in any matters regarding th~ /liakoff, P. A. '$~ ;ture of lSro~;rty--(Jwn~r //~ignature of ProperOf d ~ner / Typ-ed or Printed Name of Owne-~ Typed or Printed Name of Owner m , by fl~.t~.-~ ~' .$. ~ ~o is personally knownto~or tu~produaed State of Florida County of Collier ' as identification. of Not,o, P,,mic) Application for Variance Petition - $95 Page 8 of NOV 19 2002 VA-2002-AR-2015 PROJECT #19993439 DATE: 1/28/02 KAY DESELEM We//, Larry J. Gode being first duly sworn, depos* and say tha~ we/I am/are the owners of the property described herein and which is the ~ject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the beat of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. , As property owner We/I further authorize Austin White of Becker & , toact as our/my representative in any matters regarding this Petition. Po 1 i a ko f f, P. A. Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner 27te forego~ngjnstrument was qc4kno~vledg~, before me this ~/ S ~ of__ ~09~- ~ , I~ ~"'~t"t A~ :t~ 0~'. ~ Jl~ l')(~ ~_~o ~s personally known io m~or lu~produaeM - d l~ as identification. State of Florida County of Collier Application for Varianee Petition - &~8 Name of Notary Public) - I AC.,ENJ;ta ITE~. s NOV 1 9 2002 VA-2002-AR-2015 PROJECT # 19993439 DATE: 1/28/02 KAY DESELEM We//, Peter & Deborah Smith beingfirst duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the ~nswers to the questions in this application, including the disclosure of interest inforrnation, ~ll sketches, data, and other supplementary matter attached to and made a part of this application~ are honest and true to the best of our knowledge and belie~. We. fi understand that the information requeste~ on this application must be complete and accurate and that'.~he content of this form, whet;. ~ computer generated or County printed shall not be altered. Public hearings will not be advet'tised until ~his applicat~'on is deemed complete, and all required information has been submitted. As property owner Wefl further authorize Austin White of Becker & to ac~. as our/my representative in any matters regarding this Petition. Po 1 i ak o f f, P.A. Signature of Property Owner Typed or Printed Name of Owner Signature of Property ~ner Typed or Printed Name of Owner The foregoing ins. tr~ e4~t w.as aaknowledge.~ before me this g/~ / day o /~~ , ~9 , by ~<. a ~}~~. .-- ~w'~o is t~ersonally known to me~r na~ produc~ ~ as identification. - State of Flo~'ida County of Collier Application for Variance · x,.g,,s, rs NOV 1 9 2002 VA-2002-AR-2015 PROJECT gl 9993439 DATE: 1/28/02 KAY DESELEM am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the question~ in this application, including the disclosure of interest information, all sketches, data, and other ~upplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. YFe./I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. -public hearings ~1l not be advertised until this application is deemed complete, and all required information has been submitted. ~4s property owner Weff further authorize 3.u$t::Ln 9/h:i.t:e of Becket & to aCt as our/my representative in any matters regarding this -petition. Poi. :i. a ko f f, P. 3.. Signature of.Properly Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner 2"'neforegoing.~ns~trumentw~/I,~ a~ck~?,owledg/.e~, before me this ~/~ / ? of ~, _ ~ _ ~ 063 YI~ , by_ ~'~v~EL /~ ~ (w_-ho is personally kn~r h~ producext State of Florida County of Collier ,AppUeadoa for YaJ-iailce lP'edtion - 8/98 as identification. Name of No~Public) ~--~.~rT, ~ ~,,,~8 r8 NOV 1:9 2002 VA-2002-AR-2015 PROJECT #19993439 DATE: 1/28/02 KAY DESELEM lYe/I, ~'~ ~L C /~, AY//-~-m'~t~ being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to'the best of our knowledge and belief. lYe/[ understand that the information requested on this application must'be complete and accurate and that. ~he content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. ,ds property owner lye/I further authorize Austin White of Becker & to act as our/my representative in any matter., regarding this -petition. Po l i ako f f, P.A. SignatUre of Property Owner Signature of Property Owner Typed or .Printed Name of Owner Typed or Printed Name of Owner ~lr ., by, ~t~ ~. /TU~~~o ~s per$onalIy~known ~ ff~htc~ ' d as identification. 3'tate of Florida ! c-m~ ~tn¥ (Signature of Nog~ry l~lic - 8u~of L_MY COMML~SION EXP. FEB. S~DOS , t ._~ Name of Notaky Pubtic) - n. /O VA-2002-AR-2015 PROJECT # 19993439 DATE: 1/28/02 KAY DESELEM F~eff, Anthony & Lynn Palladino beingfirst duly ~wvorn, depose and say that we.l! am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the question~ in this application, including .the disclosure of interest information, aH sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. WefI understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be adverted until this application is deemed complete, and all required information has been submitted. As property owner YFe/I further authorize Austin White of a.~ our/my representative in any matters regarding this Petition. Becker & to act Poliakoff, P.A. ,.~gn'g~re of Property Owner Typ~ed or Printed Name~o/f Owner State of Florida County of Collier Applicatioa for Y ariaace Petition - ~ (Print, Type, or ,~ tamp Conu4 ~ ..... Name of Notary Public) so. r~ NOV192002 1 VA-2002-AR-2015 PROJECT #19993439 DATE: 1/28/02 KAY DESELEM Well, I'll 6~ ~--ttbtl~D~ ~1,~1~-- beingfirst duly sworn, depose and say tha't we/I am/are the owners oft'he pr~p'erty ~ribed herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/.r understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application ts deemed complete, and all required information has been submitted. As property owner We/I further authorize Austin White of Becker & to act as our/my representative in any matters regarding this Petition. goliakof f, P.A. Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner q~ ~ j by , O' (~t2.rz~ ~.~ is personally known ,o m~r i~ produced OFFICIAL NOTARY SEAL CHRIST'Y MAY NOTARY PUBI.JC STATE OF FLORIDA COMMISSION NO. CC993295 MY COMMISSION EXP. FEB. 3,.2005 State of Florida County of Collier NOV 1 9 2002 (- 1901i BEACH VA-2002-AR-2015 PROJECT #19993439 DATE: 1/28/02 KAY DESELEM PARK mlrr NOV 1 9 2002 RESOLUTION NO. 02- RELATING TO PETITION NUMBER VA-2002-AR-2015. FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED 1N COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which~ is the granting of variances; and WHEREAS, the Board of Zoning Api~als, being the duly elected and lawfully constituted Board of the area hereby affected, has held a public heaqng after notice as in said regulations made and provided, and has considered the advisabil;:y of a variance from the required 500 square foot maximum size for a hotel unit set forth in LDC Section 2.2.8.4.7.2.1., to allow four (4) units of the total 19 as built units to have 2,650 square feet of floor area, and to allow 15 units to have 2,085 square feet of floor area, in the "RT" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory, provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board has fully considered all matters presented. NOW, THEREFORE, BE 1T RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: Petition VA-2002-AR-2015, filed by Becket & Polliakoff, P.A., representing the Manatee Resort Condominium Association, with respect to the property hereinafter described as: The north half of Lot 14, and all of Lots 15 and 16, Block B, Conners Vanderbilt Beach Estates Unit 1, as recorded in Plat Book 3, Page 9, of the Official Record Books of Collier County, Florida be and the same hereby is approved for a variance from the required 500 square foot maximum size for a hotel unit as set forth in LDC Section 2.2.8.4.7.2.1., to allow four (4) units of the total 19 as built units to have 2,650 square feet of floor area, and to allow 15 units to have 2,085 square feet of floor area, of the "RT" Zoning District wherein said property is located, subject to the Conditions attached as Exhibit A. AC~NDA ITE~ NOV I 9 2002 BE IT RESOLVED that this Resolution relating to Petition VA-2002-AR-201$ be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote. Number Done this day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G. Wh/te Assistant County Attorney VA-2002-AR-2015~KD~lo Attachment: Exhibit A: Conditions A~N~A ITE~ NOV 1 9 200 Conditions for Manatee Resort Petition # VA-2002-AR-20! 5 In the case of the destruction of the structure for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the slxucture at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction; and 2. On an annual basis beginning 30 days after this variance is approved, the ownership entity must provide to the county attorney's office and to Development Services staff the following items: a. An approved hotel/transient lodging license that specifically applies to and describes all units in Manatee Resort; and b. An affidavit from each owner that evidences the use of his or her respective unit as "hotel or transient lodging"; and c. Documentary evidence that demonstrates the payment of bed taxes by each individual unit owmer. If appropriate, an affidavit from the affected unit owner that states that the unit has not been occupied within specific dates, therefore bed taxes were not due. VA-2002-AR-2015 EXHIBIT A G:\Current\Deselem\Vadances\Manatee-VA-2002-AR-2015~Conditions for Manatee Resort ~-A ImF~ NOV 1~ 2002 doc EXECUTIVE SUMMARY PETITION: PUDA-01-AR-431, JAMES G. O'GARA, REPRESENTING PARK EAST DEVELOPMENT, LTD, REQUESTING A REZONE FROM "PUD" PLANNED UNIT DEVELOPMENT TO PUD FOR THE PURPOSE OF AMENDING THE FOUNDERS PLAZA PUD TO ALLOW ADDITIONAL SMALL-SCALE RETAIL LAND USES ONLY ON THOSE PARCELS THAT EXCEED 150 FEET IN DEPTH FOR PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES OF GOLDEN GATE PARKWAY (C.R. 886) AND AT THE SANTA BARBARA CANAL CROSSING IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner is requesting to amend the Founders Plaza Planned Unit Development (PUD) by rezoning the subject site from PUD to PUD and thereby repealing the Founders Plaza PUD Ordinance Number 96-5 and replacing it with a new PUD that is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The Founders Plaza PUD was approved in 1996 and is partially developed with a church and accessory uses on Tracts "A" and "B" while Tract "F" is partially developed with four buildings comprised primarily of offices for Sprint, an insurance company, contractor, Collier County WIC Office, and a psychiatrist~ office. The PUD Master Plan is comprised of six tracts that have frontage on Golden Gate Parkway. The petitioner now wishes to amend the Founder's Plaza PUD document to include the additional small-scale commercial land uses that were approved when the Golden Gate Area Master Plan was amended on May 9, 2000 (Ordinance 2000-28). This amendment permits the additional small-scale commercial uses on only those parcels that exceed 150 feet in depth. This change allows for more flexibility in design, and breaks up the existing commercial strip type of development that currently exists along Golden Gate Parkway. The proposed PUD amendment also provide for an architectural theme that will provide consistency in design for the office and retail uses. The architectural theme design standards are intended to integrate the stand-alone retail uses with the strip commercial center on Parcel "F". FISCAL IMPACT: the County. However, if this amendment achieves its objective, the land will be develop, fact that new development has been approved will result in a future fiscal impact on (2 facilities. Since this petition is initiated as an amendment to the add similar small-scale retail uses as currently provided in Ordinance Number 2000-28, it will not change the previously determined fiscal impact on mntl~vublic NOV 19 2002 The County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban - Golden Gate Parkway Professional Office Commercial District, as identified on the Golden Gate Area Future Land Use Map of the Growth Management Plan (GMP). The site is also zoned PUD (Founders Plaza) and is within the Golden Gate Parkway Professional Office Commercial Overlay District (GGCPOC). Relevant to this petition, this sub-district permits low intensity, office development, associatcd retail and other small-scale retail uses, and institutional uses, and contains certain development standards. The small-scale retail uses proposed on tracts "C", "D", and "E" may be deemed consistent with the Golden Gate Area Master Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the subject site is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL ISSUES: Because this PUD does not contain any wetland or preserve areas, the petitioner is not required to submit an updated Environmental Impact Statement (EIS). As a result, the Environmental Review staff has recommended approval as submitted. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: As noted above, the petitioner was not required to submit an EIS, therefore, this petition was not required to go to the Environmental Advisory Council (EAC). 2 AGENDA NOV ! 9 2002 COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on October 17, 2002. By an 8 to 0 vote, the CCPC forwarded Petition PUDA-01-AR-431 to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following modifications. 1. Revise Section 4.3 (A) of the PUD to eliminate Power Laundries (#7211), Coin-Operated Laundries (#7215), Dry-cleaning Facilities (#7216), and Liquor Stores (#5921) as permitted uses. x 2. Revise the side yard setback requiretnent to provide a 25-foot setback when abutting residential zoned properties. 3. Revise Section 6.8(A) of the PUD to allow for the use of decorative parapet walls above the roofline. ~ 4. The petitioner was encouraged to work with the Transportation Department to develop a fair share-funding source to allow for the construction of pedestrian bridges over the Santa Barbara Canal. The Planning Commissioners found this petition to be consistent with the GMP and is compatible with the surrounding development. It should be noted that a representative from the Golden Gate Civic Association spoke in general support of the petition during the public hearing. She also expressed the need to improve pedestrian safety at the canal crossing and supported the construction of the pedestrian bridges. Because of the issue concerning the funding source for the construction of the pedestrian bridges, this petition could not be placed on the Summary Agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDA-01-AR-431 as otherwise described by the amending Ordinance and PUD Document included in this Executive Summary. NOV 1 9 2002 PREPARED BY: DATE REVIEWED BY: SUSAN MURRAY, AICP, MANAGER ENT PLANNING SF~CTION AICP, DIRECTOR SERVICES DEPARTMENT DATE DATE J~HK. SCt-J,~IT~ ADMINISTRATOR SJMMLrNITY DEV. AND ENVIRONMENTAL SVCS. PUDA-01 -AR431/EX SUMMAR Y/RVB/rb 4 NOV 1 9 2002 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SEPTEMBER 30, 2002 PETITION NO: PUDA-01-AR-431, FOUNDERS PLAZA PUD AGENT/APPLICANT: Agent: .lames G. O'Gara 5395 Park Central Court Naples, Florida 34109 Owner: Park East Development, Ltd., LLC 5395 Park Central Court Naples, Florida 34109 GEOGRAPHIC LOCATION: The subject PUD is located on the north and south sides of Golden Gate Parkway (CR-886) and at the Santa Barbara Canal crossing in Section 28, Township 49 South, Range 26 East. (See illustration on following page) REQUESTED ACTION: The petitioner is requesting to amend the Founders Plaza Planned Unit Development (PUD) by rezoning the subject site from PUD to PUD and thereby repealing the Founders Plaza PUD Ordinance Number 96-5 and replacing it with a new PUD that permits additional retail and commercial land uses only on those parcels that exceed 150 feet in depth. PURPOSE/DESCRIPTION OF PROJECT: The Founders Plaza PUD was approved in 1996 and is partially developed with a church and accessory uses on Tracts "A" and "B" while Tract "F" is partially developed with four buildings comprised primarily of offices for Sprint, an insurance company, contractor, Collier County WIC Office, and a psychiatrists office. As depicted on the PUD Master Plan (Exhibit "A"), the PUD is comprised of six tracts that have frontage on Golden Gate Parkway. The petitioner now wishes to amend the Founder's Plaza PUD document to include language that mirrors the additional commercial land uses that are now permitted in the Golden Gate Area Master Plan. This plan was amended on May 9, 2000 (Ordinance 2000-28) o pell~lll~,IO~ll'~_~ additional commercial uses on certain parcels that exceed 150 feet in depth. Th NOV 9 2002 allows for more flexibility in design, and breaks up the existing commercial strip type of development that currently exists along Golden Gate Parkway. The proposed PUD amendment also provide for an architectural theme that will provide consistency in design for the office and retail uses. The architectural theme design standards are intended to integrate the stand-alone retail uses with the strip commercial center on Parcel "F". SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject PUD is partially developed with a church in Tracts "A" and "B' along with a partially developed commercial center on Tract "F". The property is zoned the Founders Plaza PUD. Surrounding- North: East: South: West: Developed single family residential and a private school; zoned RSF-3 & RMF-6 Developed commercial Parkway Plaza and bank; zoned C-4 Developed single family residential and zoned RMF-6 & RSF-3 Developed commercial; zoned Parkway Promenade PUD. GROWTH MANAGEMENT PLAN CONSISTENCY: All of the subject property is located within the Urban - Golden Gate Professional Office Commercial Sub-district as identified on the Golden Gate Area Future Land Use Map to the Growth Management Plan (See Exhibit "B'). This sub-district permits low intensity, office development, associated retail and other small-scale retail uses, and institutional uses. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element - The proposed amendment to this approved PUD is to allow additional small-scale retail uses on properties having a minimum depth of 150 feet. These uses include apparel stores; au¥ & home supply stores, restaurants, food stores, general merchandise stores, libraries, anc~ personal service businesses. Based on this condition, the proposed amendment is consistent with the Golden Gate Area Master Plan and FLUE. Transportatio~:~Eiement - Because this petition will not increase the developable area or add additional cOmmercial floor area over the amount that can currently be developed, the difference in site generated trips will not significantly impact Golden Gate Boulevard. In addition, the Traffic Impact Statement (TIS) indicates that the project as proposed will generate 10,555 AADT and a peak hour rate of 658 trips. Based on staff's analysis of the TIS. the project trips will not lower the level of service below the roads adopted level of service "D' standard. As a result, this petition is consistent with Policy 5.1 and 5.2 of the Transportation Element. Furthermore, Golden Gate Parkway (CR-886) is currently a 4-lane arterial road with a 2001 traffic count of 26,161 AADT for the segment fronting the project entrance. The estimated traffic volumes for this road segment at the project build-out in 2005 is projected to operate at an acceptable level of service. As a result, this petition is consistent with Policies 1.3 and 1.4, of the Transportation Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL~ TRANSPORTATION & INFRASTRUCTURE: This petition was referred to the above referenced County agencies for their review and comment. Since no additional acreage or square footage has been added to the PUD service (LOS) standard will be adversely affected by this amendment. As a r agencies have recommended approval. Furthermore, an Environmental Impact Stat~ no level of NOV 1 9 ZOO was not required since the subject site is partially developed and doesn't contain any wetlands. Therefore, this petition was not required to go to the Environmental Advisory Council (EAC) and the Environmental Services staff has recommended approval of this amendment as submitted. The Transportation Department has recommended that there shall be no direct vehicular access to 52nd Street Southwest, 53rd Terrace Southwest, 28th Place Southwest, or 27th Place Southwest. Vehicular access to 53rd Street southwest may be allowed for limited turning movements. This access is subject to the review and approval of the Transportation Department at the time of site development plan approval. In addition, all access points and median openings depicted on the Master Plan are conceptual in nature. The Transportation Department shall approve the final access points into the project and the median design at the time of site development plan approval. EVALUATION: A comprehensive evaluation of this land use petition was completed based on the listed criteria that are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, with staff recommendation based on that overview. The Planning Commission to the BCC shall use the listed criteria as the basis for a recommendation of approval or denial. A summary of the potential impacts or considerations identified by staff is listed under each of the criterion with a conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. The evaluation bv professional staff include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "C" and Exhibit "D"). Relationship to Future Land Uses: This item refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan. The proposed amendment only reflects the adopted changes to the Golden Gate Area Master Plan that permits retail uses on lots that are a minimum of 150 feet in depth. Therefore, staff is of the opinion that the subject petition is consistent with the Collier County GMP and is therefore compatible with other approved land uses in the area. In regards to the matter of timing of construction versus the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. Relationship to Existing Land Uses: The proposed amendment does not change the boundaries of the currently approved PUD. The partially developed PUD abuts a developed residential neighborhood and private school to the north that are zoned RSF-3 & RMF-6. To the east is the developed commercial (C-4) shopping center known as Parkway to the south are developed with single-family dwellings and are zoned Plaza. IJandq I NOV 1B2002 J PJ..~_~ Photograph #1). Lastly, to the west is the commercial Parkway Promenade PUD that allows similar uses and development standards (See Photograph #2). Photograph # 1 Photograph #2 To improve compatibility, the PUD document was approved with a requirement for a 10 foot wide landscape buffer be placed around the perimeter of Tracts "C", "D", "E" and "F", excluding driveways, sidewalks and alley access drives. The buffer shall include one shade tree per 20 linear feet and a double hedgerow, which shall be a minimum of 36 inches in height at the time of planting and shall achieve 80 percent opacity within one year of planting. It should be noted that the currently approved development standards are not changed with this amendment. However, Planning Staff has stipulated that the overnight parking and/or storage of commercial vehicles be prohibited on Tracts "A" and "F", which are shallow (approximately 130 feet deep). These vehicles shall be parked on the larger tracts that can provide an adequate buffer from Golden Gate Parkway and from the adjacent residential lots. It should be noted that the currently approved Founders Plaza PUD required setbacks are also generally consistent with the standards for commercial zoning districts and with the adjacent PUD zoning district to the west. For example, both the Parkway Promenade and the Founders Plaza PUD provide a maximum building height of 25 feet plus 10 feet for parking beneath the structures. In addition, the setback from Golden Gate Parkway is 40 feet and 25 feet from residential for both PUD projects. Therefore, staff is of the opinion that the proposed amendment is compatible with the adjacent properties. As depicted in photograph #3 below, the existing church building was constructed with a ridge roof and stucco walls that are similar to the adjacent church school facility to the north. Furthermore, the application of PUD architectural theme requirements that provide similar development standards and construction materials should remove any perception that there are any incompatibilities in commercial building types with adjacent land areas. As depicted in photograph ti4, the existing commercial building on Tract "F" is constructed with a ridge roof and stucco walls. The building design and massing is similar to the commercial building to the north across Golden Gate Parkway. ~C~ I1T~ NOV 1 2002 ,,,. lC) Photograph #3 Photograph//4 Utility Infrastructure: The site is accessible to a public sanitary sewer and municipal water supply. This amendment will not change or impact the previous approval. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition PUDA-2001-431 subject to the stipulations and the development commitments contained in the PUD Document. The PUD Document has been amended to reflect the following recommendations by staff. 1. The prohibition of overnight parking and/or storage of commercial vehicles on Tracts "A" and "F". All access points and median openings depicted on the Master Plan are conceptual in nature. The Transportation Department shall approve the final access points into the project and the median design at the time of site development plan approval. A landscape buffer shall be placed around the perimeter of Tracts "C", "D", and "E" and shall include one shade tree per 20 linear feet and a double hedgerow shall be a minimum of 36 inches in height at the time of planting and achieve 80 percent opacity within one year of planting. 6 NOV 1 2O02 PREPARED BY: P,~¥ I~LL-O-W§, CI~m~ P~~ CURRENT PLANNING SECTION /0./.OZ. DATE ~R <._~ ~~o S~CT, ON lvLM{G/q{ET ~F;rI~S'~LE, , I~CTOR PLUG SERVICES DEP~~NT JC~SF_~H K. SC~, ADMINISTRATOR Cp~t~,IUN1TY DEV. AND ENVIRONMENTAL SVCS. Staff Report for October 17, 2002 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RVB/rbl STAFF REPORT/AR431 /o- 7-o2 DATE DATE DATE-- NOV 1 9 2002 P~,.._/~~ ITEJ~ NOV 1 9 2002 ~ ~ ~ ~ ~, ,,~,, ( Lp '_L EXHIBIR 24 REZONE FINDINGS PETITION PUDA-01-AR-431 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. The proposed development is in compliance with the Golden Gate Area Master Plan of the Growth Management Plan. 2. The existing land use pattern; The adjacent uses include commercial to the west and east while residential land uses are to the north and south. The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the Golden Gate Area Master Plan (GGAMP). Whether existing district boundaries are illogically drawn in relation to existing conditions on the propera3.' proposed for change. The existing PUD district boundaries are logically drawn and they are consistent with the FLUE of the GGAMP. The proposed amendment will not change these boundaries. Whether changed or changing conditions make the passage of the proposed amendment necessa~,. The proposed PUD Amendment is appropriate based on the approved commercial land uses east and west of the subject site. Furthermore, the subject PUD has a positive relationship to the Golden Gate Area Master Plan. EXHIBIT "C' NOV 1 9 2002 Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed development standards (i.e. setbacks and landscaping) made a condition of approval will go a long way towards offsetting any potential adverse influences by the Founders Plaza PUD on the residential subdivision to the south and north. Conversely, the location of the subject site could cause increased noise and traffic impacts on the nearby residences. However, due to the proposed landscape and buffer areas, the proposed amendment to the PUD should not adversely impact the adjacent properties. In summary, the proposed EUD Amendment will not adversely influence living conditions in the neighborhooc~' because the currently approved development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation acticns should serYe to ameliorate impact on the adjacent residential area. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activin' during construction phases of the development, or otherwise affect public safeB'. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent. In addition, this project when developed will not excessively increase traffic congestion while certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, ded:,cations, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. However, as urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. In summary, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. AC.~A I TE. Mr~ NOV 1 9 2002 2 ,A 9. Whether the proposed change will seriously reduce light and air to adjacent areas; 10. 11. 12. 13. All projects in Collier Count5, are subject to the development standards that apply generally and equally to all zoning districts concerning the need to provide the required open space. The subject development standards are designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land. However, this is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect properts, values. Property valuation is affected by a host of factors including zoning, however zoning by itself max' or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent propert).' in accordance with existing regulations; The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed amendment to the Founders Plaza PUD complies with the Golden Gate Area Master Plan and the Growth Management Plan, which are public policy statements supporting zoning actions when the3' are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property, cannot be used in accordance with existing zoning; The subject properly can be developed in accordance with the existing zoning, however to do so would den), this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Golden Gate Area Master Plan and the Grog~th Management Plan. 3 AGE'D^ NOV 1 2002 14. 15. 16. 17. REZONE Whether the change suggested is out of scale with the needs of the neighborhood or the County; The project is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. It is also consistent with the Golden Gate Area Master Plan. Whether is it impossible to find other adequate sites in the Count)' for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibilib', adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier CounB' Growth Management Plan and as defined and implemented through the Collier CounD' Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. FIN DINGS/01 -AR431/RVB/rb NOV 1 B 2002 > FINDINGS FOR PUD PUDA-01-AR-431 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area of Golden Gate Ci~,. Development of land that has legal access, and is adjacent to existing commercial/residential uses is particularly suitable for a mixed-use commercial/office development. Conversely, existing neighboring residents may perceive new development as an intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise, and reducing property values. Jurisdictional reviews by County staff support the manner and pattem of development proposed for the subject property. Development conditions contained in the currently approved Founders Plaza PUD document and proposed amendment give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with LOS relationships as prescribed by the GMP. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Exhibit "D" The subject petition has been found consistent with the goals, objectives and policies of the GMP. The subject PUD proposes to allow commercial uses, which is consistent with the Golden Gate Area Master Plan (See Staff report). ~C~A Ixt~ NOV 1 9 2002 lc/ The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The subject 13.33-acre PUD has been developed with architectural design and development standards that reflect the approved Golden Gate Area Master Plan and design character. In addition, landscaping has been provided to buffer the adjacent residential and non-residential tracts. The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. The PUD is also consistent with the recently adopted amendment to the Golden Gate Area Master PI~tp to allow for additional retail uses within this PUD. External relationships are automatically regulated by the LDC to assure harmonious relationships between projects. The adequacyi'of usable open space area~ in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed PUD amendment will not adversely impact the timing or sequence of development that is currently allowed under the existing PUD zoning. Furthermore. the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards. and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC o ConformiD' with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criteria essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development this PUD are similar to those commercial development standards. FINDINGS FOR PUD-01 -AR-431/RVB/rb 2 standards in NOV 1 9 2002 pETiTiON "'~ ..... PUDA-!001-AR'43 l i.%1 -i Park East Proj g 2001020075 APPLICATION FOR PUELIC HEARiN Date !/28/01 FOR PUD AMENDMENT/DO AMENDMENT COHMUNI?Y DEVELOPMENT DIVIEiON CURRENT PLANNING Name of Applicanu(s) Park East Deve!ooment, Ltd. Applicant s Mailing Address 5395 Park Centra~ .~ , .... CiEy Ncc!es S.~ale F!orli5 Zip 2dill X Y e s ,,, ~ eene£isiaries beisv:. m, ~= aeu. iican~ is ssr~ora~i .... o~he~ ~han a uub!tc coreora~icn,' so in:utsa~e ani name of=icers and ma%or slsckhciders bei.c w. X or cl~er bus~=~= =' ...... sc i7. ilsa~e anl u-rincteals below. (e, if appiicanz is a lessee, a~-~z:, cc~'2' of =ease, ~-xq~== actual owners if nc.i inilsatei ~ ~h= _~~ ~. ..... ease. .f} if applicanl is a conzras~ ~.urchaser, alzach coty cf .... ~=~- =..a 5ndica~= ac~_.ai owner s) nam3 and al :'~=~s below. Class A L~,~-~ Pare Jame~ ~ O'Gara {4:.% , ~ es '25 , James McVev (25%1 Class B Limi~s~=~ Paruners: Tim Hancock {I= ~ space is inadequate, atEach on sec~-~=~ Dace Name of Aaenu Firm: NA Agents~=v-i!~_,~,~ Aodres~ cu0i Tamiam ...... ........ S~aze FL Zir -"NOV 1 B 20O2 3. PUZ ORDINANCE NAME AND NUMBER: Founders Plaza PUD 96-5 4. DETAILED LEGAL DESCRi?TiON OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequane, attach on separate page. If request involves change to more than one zoning district, include separate leaal description for property involved in each district. if property is odd-shaped, submit five (5) copies of survey (!" to 4{'a' scale]! The urouerty has been platted for a significant period of time. Therefore, a surve'}~ should no~ be required.- THE APPL!CAN? IS RESPONSIBLE FOR S~PPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 2~ TOWNSHi?~ 49 · RANGE 26 Lois 4, [, & 6, Block 206, Unin 6; and Lots 1 - 4, Block 207, Unin 6; and io~s 28-3i, Block 217, Uni~ 6; and Lots 1-7, Block 243, - - - ..... ~s~' { : ~ recorded {~ P!=~ ' :~ records of Collier County, Book : Pac=s ~,'-~46 of the pu~._c Florida. Address or location cf suk.-esz property Golden Gate Parkway, a- ~'ae Sanla Barbara Cana~ srossinc. o Does oron;erEy owner own ,acnligucus properEy ho the subfiec~ ..... = ..... o i= sc, ~ive ccrEieue fecal descris~on of .............. ~_~ X A. PUD Document Language Amendment X ~ p~.~ Master Plan Amendment C. Deve!oement Order Lar~gaage ~tmendment DOES ~ ............ COHPLY W-~ THE COHPREHENSIVE PLAN: No If no, explain: X Yes HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? Yes IF SO, IN WHOSE NAME? Avatar Properzies uv~lON #: CP-aa-~ DATE: May, 2000 NOV B 2002 HAS ANY PORTION OF THE PUl' BEEN X ~'~.-~' . .... 'OF' v C n.~.:' ~_a POSED . .................... DEVELOPED? ARE....,~ ......... PRO -~: .... ~: ~ a~:~ ~ '- -~ : ..... PEDi Yes. ,,~ . ina, DESCR!~:: (ATTACH ADDrTIONAL SHEETS IF N ...... ; Pieas= see Exhibi~~ 'A' Prc4ect Narran~_x.~ AFF! DAVIT We, James G. O'Gara being first duly sworn, depose and say that we are zhe owners of the properzy described herein and which is the subjec: matter of the propesed hearing; thata~ the answers ~o ~he ques-ions~ in ~his app!~cation,_ a~d sketches, daza, and eYher supmiemenEary mazzer atnached lo ant made a Da~ of ~his ~ . ~ app~c~zcn, are hones~ and ~rue ~o of our knowleda~ and belief Xe unders--~$ ~:~ further ........ = .... ~ .... .~-' -- ~ ~ ......... maC,ers reoardinc this NOTE: S ...... ~RES OF ALL OKii--_F2 ARE HANDATC'P.i' SiGNATUP.r, ,~ OF OWNEP. SIGN.A_~URE CF OWNER StaEe of Ficrida CounEy of Col '~ i~ NANCY LYNN HALL ~OMMISSION # CC 640455 ~PIRES JUN 24, 2001 ~OND~D TH~U NZTAPT PUBL~ PUDXDO AP. ~.ICA: =ON/md/4128 NOV 1 9 2002 Exhibit 'A' Project Narrative The proposed PUD amendment is a revision to part of the original Founders Plaza PUD. Property the lies North and East of the Santa Barbara Canal were sold and have been developed as a sanctuaD' and associated parking for St. Elizabeth Seton Church. As a result, the Founders Plaza PUD development commitments will remain unchanged ibl' thc Church property and the amended PUD will impact only the balance of the original project. This amendment is intended to update the existing PUD bv including language that mirrors additional land uses that are permitted in the Golden Gate Area Master Plan. The GGAMP was amended this past >'ear to permit additional retail and commercial uses o~ parcels that exceed 150' in depth. This will allow for more flexibility in design and serve to break up the positioning of buildings on the property to avoid the identical strip type oi' development that dominates the Parkway commercial areas. By combining stand-alone uses with typical retail commercial centers, a more varied and attractive development can OCCtlr. The requirements for architectural consistency tt-~roughot~t the project remain in place. with more references being made to the existing Land Developmem Code and fewer customized regulation than were previously in the document. The restd~ is a simpler document that will continue to serve the Parkxva>' distric~ well. The change is the inclusion of those uses deemed appropriate and compatible through tl~c successful amendment to the G?,IP. NOV ! 9 2002 Pg..~~_ MARQUETTE DEVELOPMENT COMPANY January 31, 2002 Mr. Ray Bellows Planning Services Collier Count3,, 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petiron No. PUDA-2001-AR-431, Founder's Plaza PUD Dear Mr. Bellows: Park East Development, Ltd, the current Plaza, respectfully requests that henceforth I pertaining to the referenced zoning petition. owner of the lands comprising Founder's be designated as the agent for all matters would appreciate your changing the formal record accordingly Thank you. Smcerel3; PARK EAST DEVELOPMENT LTD. BY: MARQUETTE DEVELOPMENT COMPANY, Managing General Partner , Presiden~~t NOV 1 9 ~02 MARQUETTE DEVELOPMENT C, OMP^NY '~395 P-'.t~. C57,.-!: ',L COLFT · N?,PL£5, FLORIIa?, 34109 · 941- 593-I 100 * FAX 941- 593-1130 ° E-MAIL MARQU~IIeD@AOL.COM Map Output ' ~= ..... I AR-431, Founders Plaza PUD 2002 http://gi.../~m.esri.esrimap.Esrimap?Servi~eName=~pa~design&F~rm=Tpae&Enc~de=Tm 1/30/2002 _ 2586418 OR: 2625. PG: 0984 ME?H0?~L:?L~ :I?L~ % ', ~TY HCSX~D :~ ~e 0HICIAL HCO~S ~f COL~I~ C0~NTL ~L ~C ,_ W~ D~D (co~o~) ~S~,M~yof ~u~f 13, 2000 iOl ~ra ~rcl~, 12~ Floor, Cora/ G~i~. Flori~ 3134 of~ Co~ of Collier , Smmof~ ~ of~d p~ ~S~: ~ ~ ~d ~ of ~ ~ p~ ~r ~d ~ co~on of~ s~ o?~ AND p~/p~i~ of ~c s~o~d p~ ~e rcccipt w~f b h~by ~owl~d. ~. ba~a~ed snd ~old ~g~m~o~ Collier S~of~ ~ ~c~ 2B, 29 ~0 ~ 31, ~lock 217. ~ ~ ~T 6, accor~n~ to the pla~ ~eo~. ~ r~orded in Plat ~ok 5, P~e= 124 =~o~h 134. ~=l~iv~, ~lic Recor~ of Col!i~ Co~ty, Flori~. PR.EPAR~ED BY AND RETLrRR TO: 5801 Pelic~ Bay Bl~., 1600 N~le~, FL 34108 File s 99-03-0342 A~, Di~a p. LA.sew See A:taC~ed NOV 1 9 2002 OR: 2635 PG'~0985 ~*~ 13, 14, ].5 an~ 16, Block 261, ,~,o~.i; 1, 2, :~ amd 5, 6, ~ 7, ~eck 243, ~ ~ ~IT ~o~, as recorded in Pla~ ~o~ 5, pa~es 135 ~ough ~coz~ of Collier Co~%y, T&x ID 136318800005 TL~ ZD 13631iG40007 Tax LO J36453~¢0009 T~ ~ 136&532i000~ T~ ID 1364553600G1 ~ ~ ~3~53%0000~ ~ D ~3644:~0005 ~ ~ 13G4~160007 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: Marquette Development Corporation CITY MAILING ADDRESS: 5395 Park Central Court Naples STATE Florida ZIP 34105 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): _ pUD A-2001 ' Ag'"131 Proi # 20010200'75 Date '~,-, !'~g,'01 .~ LEGAL DESCRIPTION: Section: 28 Township: 49 S Range: 26E Lot: 1-7 Block: 243 Subdivision: Golden GateCitv Plat Book Page #: ProperD' I.D.#: 36441320009: 36441080006; 36441120005: 36441160007; 36441200006: 36441240008: 36441280000; Metes & Bounds Description: ~GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME FGUA d. PACKAGE TREATMENT PLAINT capacity) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME FGUA d. PRIVATE SYSTEM (WELL) 7. TOTAL POPULATION TO BE SERVED: 48 8. PEAK AND AVERAGE DAILY DEMANDS: ~,PPLICATIQN FOR PUBLIC HEARING FOR PUD REZONE - 10/98 A. WATER-PEAK 11.6 GPM B. SEWER-PEAK 8.6 GPM AVERAGE DAILY .. 3.31 GPM AVERAGE DAILY 2.45 GPM IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: N/A 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing tc dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of' the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of' building permits by the County. If' applicable, the statement shall contain shall contain an agreement to ,dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS. Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the Count3', a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utili~' Provision Statement ILJ51 10/17/97 APPLICATION FOR PUBLIC HEARING FQR plfD REZONE - 10/98 NOV 1 9 ZOO2 NARRATIVE STATEMENT Water and sewer systems for the area will be provided by Florida Governmental Utility Authority. The sanitary sewer system will consist of a lffi station located on the south side of Golden Gate Parkway. A gravity line will mn along the south side of Golden Gate Parkway connecting the project west of the Santa Barbara Canal to the lift station. The properties located to the East of the Santa Barbara Canal and the North of Golden Gate Parkway will have grinder pumps with low pressure force mains that fie into the lift station. The lilt station will tie into the Florida Governmental Utility Authority Wastewater Treatment Plant for Golden Gate City using a high pressure force main. The potable water for the area will be provided by tapping into and improving the existing water line on the west and east sides of the property creating a looped system throughout Golden Gate City. COLLIER COUNTY UTILITY DEDICATION STATEMENT The project is not located within the services boundaries of Collier County's utility ser,,'ice system, therefore, dedication statement is not required. STATEMENT OF AVAILABILITY CAPACITY Please see the attached letter from Florida Governmental Utility Authority. ~,',NA.F'S01 ~ROJ-NAA~,19991927',Repo~l.N ARRATIV E STATEMENT doc FLORIDA GOVERNIqENTAL UTILITY AUTHORITY 315 ~ Calhoun Street Suite ~60. Tagaha~e& Flefl~.t2301. lemne (~0) 681-.0423. Fa~ (&50) 22~-7206. e-mag FGUA@FGUA.cam April 14, 2000 Mr. Christopher D. Hagan, PE Johnson Engineering Poinciana Park, Suite 106 2640 Golden Gate Parkway Naples, FL 34105 RE: Park East - Lots 1-7 Golden Gate Dear Chris: RECEIVED Per your request, please be advised that the FGUA currently has capacity to supply your development with water and sewer service. Please note that prior to the payment of impact fees we do not guarantee service. At the same time, this project is currently part of an assessment district to bring sewer to the site. The assessment district has been created and we are awaiting the final plans and permits from the engineer prior to bidding. I hope this addresses your concerns. Should you have any questions, please let me know. Sincerely, Frederick Bloetscher, P.E. ~ Director of Engineering, Operations and Planning Cc' Robert E. Sheets, CEO, GSG Wes Hill, Development Administration - Collier County Dania Office: I$ $.W. StJz Street * Danla Beach, Florida 33004 · Phone (954) 925-3492 NOV ! 9 2002 ORDINANCE NO. 02- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONliqG REGULATIONS FOR THE UNINCORPORATED AREA OF COLLII:R COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9628N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS FOUNDERS PLAZA PUD, FOR PROPERTY LOCATED ON BOTH SIDES FO GOLDEN GATE PARKWAY (C.R. 886) AT THE SANTA BARBARA CANAL CROSSING IN GOLDEN GATE CITY, IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13.33 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 96-5, AS AMENDED; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Tim Hancock of Vanasse & Daylor, LLP, representing Park East Development, Ltd., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAD~D BY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: THE BOARD OF COUNTY The Zoning Classification of the herein described real property located in Section 28, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9628N, as described in Ordinance Number 91-102, thc Collier County Land Development Code, are hereby amended accordingly. Ordinance Number 96-5, as amended, adopted on February 27, 1996 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. This Ordinance shall become effective upon filing with the Department of State. -1- AGEI~A NOV 1 9 2002 PASSED AND DULY ADOPTED by the Board of County Commiasioncrs of Collie County, Florida, tiffs .. day of ,2002. AT~EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Marj~r~l~l. Student Assistant County Attorney G :/ad min/PUDA -2001 -ar4311P,~/~v BY: JAMES N. COLETTA, CHAIRMAN AC.~NDA I*I'~M NOV 1 2002 Founders Plaza A PLANNED UNIT DEVELOPMENT PREPARED FOR: Park East Development, Ltd. 5395 Park Central Court Naples, FL 34109 PREPARED BY: Tim Hancock, AICP 3001 Tamiami Trail North, Suite 206 Naples, FL 34103 REVISED BY COLLIER COUNTY: September 30, 2002 DATE PUD DOCUMENT FILED: DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NL~BER: January 25, 2001 EXHIBIT "A" NOV I 9 2O02 TABLE OF CONTENTS TABLE OF CONTENTS: LIST OF EXHIBITS: STATEMENT OF COMPLIANCE: SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI PROPERTY OWNERSHIP AND DESCRIPTION: PROJECT DEVELOPMENT REQUIREMENTS: COMMERCIAL AREAS PLAN FOR TRACTS 'A' AND 'B': COMMERCIAL AREAS PLAN FOR TRACTS 'C', 'D', and 'E COMMERCIAL AREA PLAN FOR TRACT 'F' DEVELOPMENT COMMITMENTS: 2 3 4 5 7 9 14 17 20 LIST OF EXHIBITS PUD MASTER PLAN: EXHIBIT "A" {qOV 1 9 2002 STATEMENT OF COMPLIANCE The development of approximately 13.33 acres of property in Collier County, as a Planned Unit Development to be known as Founders Plaza PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan and the Golden Gate Area Master Plan. The commercial facilities of the Founders Plaza PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within ~e Golden Gate Parkway Professional Office Commercial District Land Use Designation a~ identified on the Golden Gate Area Future Land Use Map, as described in the Land Use De~4ignation Description Section of the Golden Gate Area Master Plan. The Golden Gate Area Master Plan permits commercial land uses in this area. 2. The subject pr6perty is located along both sides of Golden Gate Parkway, between 53~d Street Southwest and 52nd Terrace Southwest. This strategic location allows the project superior access for the location of commercial and professional office land uses, as permitted by the Golden Gate Area Master Plan. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land uses as required in Objective 2 of the Future Land Use Element. 4. The project development is compatible and complimentary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The project development will assist in enhancing quality of life by improving the aesthetics of the project's neighborhood as described in Objective 1.4 of the Golden Gate Area Master Plan. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The project shall be in complian~: with all applicable County regulations including the Growth Management Plan. 8. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 4 NOV 1 1.1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose o£this Section is to set forth the location and ownership of the property and to describe the existing conditions of the property proposed to be developed under the project name of Founders Plaza PUD. 1.2 1.3 1.4 LEGAL DESCRIPTION The subject property being 13.33 acres, more or less, and located in Section 28, Township 49 South, and Range 26 East, is described as: Lots 4, 5 & 6, Block 206, Lots 1 - 4, Block 207, Lots 28- 31, Block 217 as recorded in Plat Book 5, Pages 124 through 134 of the Public Records of Collier County, Florida, together with Lots 1 -7 Block 243, Lots 1 -4, Block 262, and Lots 13- 16, Block 261, as recorded in Plat Book 5, Pages 135 -146 of the Public Records of Collier County, Florida. PROPERTY OWNERSHIP Lots 4, 5 and 6, Block 206 and Lots 1-4, Block 207 are owned by Bishop John J Nevins, Diocese of Venice, 1000 Pinebrook Road, Venice, Florida, 34292-1426. The balance of the property is owned by Park East Development, Ltd., 5395 Park Central Court, Naples, FL 34109. GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on both sides of Golden Gate Parkway, between 53~ Street Southwest and 52n~ Terrace Southwest in Golden Gate City (unincorporated Collier County), Florida. B. The subject property consists of 26 platted lots. The entire project site currently has PUD Zoning and is proposed to be rezoned to PUD. C. The properties identified on the PIYD Mast~ Plan (Exhibit A) as Tracts 'A' and 'B' have been developed for the parish, offices and p~rking for a church. This PUD document does not change any of the commitments or requirements as they relate to Tracts 'A'. and 'B'. The intent of this PUD is to preserve the zoning on Tracts 'A' and 'B', and to modify the development standards on Tracts 'C', 'D', 'E' and 'F' to mirror recent changes to the Golden Gate Master Plan and to update the PUD Document with respect to those Tracts. NOV 1 2002 1.5 PHYSICAL DESCRIPTION The project site is located within the Main Golden Gate Canal Sub-Basin. Water from the site flows westerly through the Santa Barbara Canal, southerly into the Gordon River, and finally into Naples Bay. Elevations within the project site range from 9 feet to 12 feet, with a majority of the site between 11 and 12 feet. The entire site is within Flood Zone "X" per Flood Insurance Rate Map Panel#120067 0415 D. Per the USDA Soil Maps, the predominant soil type on the site is Urban Land Holopaw Basinger Complex. Approximately the eastern 10 percent of the site is Urban Land Matlancha Limestone Substratum Boca Complex. Since the lots have been previously filled, the project is composed mostly of weeds with occasional Australian Pines, Brazilian Peppers and Slash Pines. Lot # 16, Block 261, Unit 7, is the only lot with a significant amount of non-exotic trees, that being approximately 15 Slash Pines. The exotic species are in the process of being eliminated from the site. 1.6 PROJECT DESCRIPTION The Founders Plaza PUD will include a mixture of professional offices, an existing church and commercial uses. The Master Plan is illustrated graphically as Exhibit "A", PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the Plan. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Founders Plaza Planned Unit Development Ordinance". 6 NOV 1 9 2002 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this section is to delineate and generally describe the project plan development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Founders Plaza PUD shall be in accordance with the contents of this Document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of FoUnders Plaza shall become part of the regulations, which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code at the earliest, or next, to occur of either final site development plan approval, final plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. Bo Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5.6 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. Co In addition to the various areas and specific items shown in Exhibit "A", easements such as (utility, private, semi-public) shall be established and/or vacated within or along the individual lots, as may be necessary. AC.~ I,~_ 7 NOV 1 9 2002 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS io Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the subdivision regulations and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans, of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Co Appropriate instruments will be provided at the time of infi'astmcture improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. 8 NOV 1 9 2002 SECTION III COMMERCIAL AREAS PLAN FOR TRACTS 'A' AND 'B' 3.1 PURPOSE The purpose of this Section is to identify specific development standards for Tracts 'A' and 'B'_as shown on Exhibit "A", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated on the PUD Master Plan as Tracts 'A' and 'B' are intended to provide professional offices and low intensity commercial land uses. These Tracts are located on the north side of Golden Gate Parkway, east of the Santa Barbara Canal, and are within the Golden Gate Parkway Professional Office Commercial District of the Golden Gate Area Master Plan. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Accounting, auditing, and bookkeeping services (group 8721). 2. Business Services (groups 7311, 7313, 7322-7331, 7335-7338, 7361, 7371, 7373- 7376, 7379). 3. Depository institutions (6021-6062). 4. Eating places [group 5812 (except carry-out restaurants; contract feeding; dinner theaters; drive-in and drive-through restaurants; fast food restaurants; food service, institutional; industrial feeding; pizzerias; restaurants, carry-out; submarine sandwich shops)]. 5. Engineering, architectural and surveying services (groups 8711- 8713). 6. Health services (groups 8011-8049). 7. Holding and other investment offices (groups 6712-6799). 9 NOV ! g 2002 8. Insurance carder, agents and brokers (groups 6311-6399, 6411). 9. Legal services (group 8111). 10. Management and public relations services (groups 8741-8743, 8748). 11. Membership organizations (groups 8611, 8621). 12. Museums and art galleries (group 8412). 13. Churches (group 8661) with a maximum building height 45 feet. 14. Non-depository credit institutions (groups 6141-6163). 15. Personal services (groups 7221, 7291). 16. Public administration (groups 9111-9199, 9229, 9311,9411-9451, 9511-9532, 9611-9661). 17. Real estate (groups 6512-6514, 6519, 6531-6553). 18. ~ · · Research, development and testing services (group 8732). 19. Security and commodity brokers, dealers, exchanges, and services (groups 6211- 6289). 20. Trm~lsportation services (group 4724). 21. Vef~efinary services (group 0742, excluding outside kenneling). 22. Any other commercial use or professional service, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). Accessory Uses: Uses and structures that is accessory and incidental to the Permitted Uses within this PUD Document except for the overnight parking and storage of commercial vehicles in Tract "A". 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yards: Principal Structures: a. Front yards along Golden Gate Parkway - Forty (40) feet. b. Front yards along all other streets - Twenty-five (25) feet. c. Side yards between two lots within Tract 'A' of the PUD - Ten (10) feet. d. Side yard abutting the PUD perimeter - Twenty-five (25) feet. e. Side yard abutting the Santa Barbara Canal - Twenty (20) feet. f. Rear yards - Twenty-five (25) feet. Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application, except small, architecturally designed canopies, intended to provide shelter fi.om the sun and rain for pedestrians within designated pedestrian rest areas, shall only be required to be set back from the external boundaries of the PuD, a distance often (10) feet. ~c~--I1~ NOV 9 2OO2 10 pg.~ ,~ D. Distance Between Principal Structures: Twenty (20) feet. E. Minimum Floor Area: One thousand (1,000) square feet for the principal structure on the first habitable floor. F. Maximum Height: For principal structures twenty-five (25) feet plus ten (10) feet for any parking area beneath the structures. For churches maximum building height shall not exceed forty-five (45) feet. G. Off-SWeet Parking and Loading Requirements: Shall be consistent with Division 2.3 of the Land Development Code in effect at the time of site development plan approval. H. Open Space Requirements: A minimum of thirty (30) percent open space, as described in Section 2.2.20.3.5 of the Land Development Code, shall be maintained for the developed parcels of land within the PUD. The petitioner shall submit data at the time of each Site Development Plan application that the subject parcel has a minimum of thirty (30) percent open space or that the subject parcel measured cumulatively with all previously developed parcels within the PUD will total a minimum of thirty (30) percent open space of the cumulative area. I. Landscaping and Buffering Requirements: A ten (10) foot wide Buffer "X" shall be constructed around the perimeter of Tracts 'A' and 'B', excluding driveways and sidewalks perpendicular to the adjacent road rights-of-way, and along the Santa Barbara Canal. Such Buffer "X" shall require one (1) shade tree per twenty (20) linear feet and a dc;uble hedgerow along its entirety, except where the PUD boundary abuts property that is not within the Golden Gate Professional Office Commercial District. Where the PUD boundary abuts property not within the Golden Gate Professional Office Commercial District, a fence or wall shall be constructed that is at least six (6) feet in height with a single hedge row on each side of the fence or wall. Fences and walls shall meet the requirements of Section 2.6.11 of the Land Development Code. Such fences shall be wooden, at least ninety-five percent (95%) opaque and designed and maintained to provide an architecturally finished appearance on both sides. Such fences shall also be painted and maintained on both sides. Twenty-five (25) percent of such shade trees shall be a minimum often (10) feet in height, with a four (4) foot spread, and a one and three-quarter (1.75) inch caliper at time of planting and that will have a minimum canopy of fifteen (15) feet at time of maturity. The remaining seventy- five percent of such shade trees shall be a minimum of eight (8) feet in height, with a three (3) foot spread, a caliper of one and one-half (1.5) inches at time of planting, and will have a minimum canopy of fifteen (15) feet at maturity. All shrubs shall meet the requirements for shrubs as described in ;ection 2.4.4 of the Land Development Code.11 NOVN~'GE~ 'TE~pg.~]-9 2002 2. Buffering shall not be required between platted lots or projects within the PUD or along the Santa Barbara Canal. 3. A minimum often (10) percent of the gross vehicular use area shall be landscaped. Required trees within the Parking Lot (Internal) Landscaping Areas shall be one (1) tree per seventy-five (75) square feet of Internal Landscaping Areas. These trees shall be a minimum of eight (8) feet in height with a minimum caliper of one and one-half(1.5) inches at time of planting and have a minimum canopy of fifteen (15) feet at maturity. All other requirements of Section 2.4.5 of the Land Development Code shall apply. 4. For building perimeter landscaping, each building shall have one (1) tree, four (4) shrubs, and twenty (20) square feet of planting area for each two hundred (200) square feet of first floor building area. These trees and plantings shall be planted in the areas adjacent to such buildings prior to the issuance of certificates of occupancy. The trees shall be a minimum of eight (8) feet in height with a minimum caliper of one and one-half(1.5) inches at time of planting and have a minimum canopy of fifteen (15) feet at time of maturity. Planting areas shall consist of landscaped areas, raised planters or planter boxes with a minimum of one (1) shrub for each ten (10) square feet of planting area. 5. At the time ofpre!iminary site development plan application, the site plan shall show a front pedestrian rest area for each platted lot, including any fraction greater than one-half (1/2) of a platted lot, and a rear pedestrian rest area for each building. (a) Co) Front pedestrian rest areas, at a minimum, shall include the following: two (2) park benches; two (2) native shade trees and six (6) shrubs that are not counted towards any other landscaping requirements; a brick pa-:er block or Bomanite (brick or stone design) sidewalk leadihg from the sidewalk along Golden Gate Parkway through the project's first row of parking; and one (1) architecturally compatible light post not exceeding sixteen (16) feet in height; all located within a minimum area of four hundred (400) square feet. The areas not utilized for these requirements shall be landscaped. The trees shall be a minimum of eight (8) feet in height with a minimum caliper of one and, one-half (1.5) inches at time of planting, that will have a minimum canopy of fifteen (15) feet at maturity. Rear pedestrian rest areas, at a minimum, shall provide the following: two (2) park benches; two (2) native shade trees and six (6) shrubs that are not counted towards any other landscaping requirements; a brick, paver block or Bomanite (brick or stone design) sidewalk leading from the adjacent building to the park benches; and one (1) architecturally compatible light post not exceeding sixteen (16) feet in height; all located within a minimum area of three hundred (300) square feet. The areas not utilized for these requirements shall be landscaped. Such minimum area shall be located adjacent to any building. The trees shall be a minimum of eight (8) fee: ;,, i,,~ht~i~ 12 NOV 1 9 L 02 Do a minimum caliper of one and one-half (1.5) inches at time of planting that will have a minimum canopy of fifteen (15) feet at maturity. (c) Projects on lots within Tract "B" may relocate rear pedestrian rest areas within that same Tract, such as along the Canal, as long as all of the required amenities are provided. The architecturally compatible lighting shall not exceed sixteen (16) feet in height and shall be provided along the rear of the lots previously occupied by alleys or cul-de-sacs. Such lighting facilities shall not create glare onto adjacent residential properties. SIGNS: All project signs shall be consistent with Division 2.5 of the Land Development Code 13 AGENDA ITEM NOV 1 2O02 4.1 4.2 4.3 SECTION IV COMMERCIAL AREAS PLAN FOR TRACTS 'C', 'D' &'E' PURPOSE The purpose of this section is to identify specific development standards for Tracts 'C', 'D' and 'E' as identified on Exhibit A, PUD Master Plan. GENERAL DESCRIPTION Areas designated as Tracts 'C', 'D' and 'E' on the PUD Master Plan are intended to provide professional offices and commercial land uses consistent with the Golden Gate Master Plan. These Tracts total +/- 6.85 of the +/-13.33 acres of the PUD and are located northwest, southeast and southwest of the intersection of the Golden Gate Parkway and the Santa Barbara Canal. All tracts lie within the Golden Gate Parkway Professional Office Commercial District. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted principal uses and structures for Tracts "C","D", & "E" as shown on Exhibit "A", PUD Master Plan: 1) All permitted uses and structures listed under Section 3.3.A of this Document, except #4. 2) Apparel and accessory stores (groups 5611-5699). 3) Auto and home supply stores (groups 5531 and 7549, auto accessory dealers-retail, automobile parts dealers-retail and speed shops-retail only). 4) Eating places (group 5812, except carry out establishments, drive through only establishments, commissary restaurants, concession stands, contract feeding, food service-institutional, hamburger stands, hot dog stands, snack shops, soft drink stands and tea rooms, ice cream stands, industrial feeding and refreshment stands). 5) Food stores (groups 5411-5499 except convenience food stores- retail, grocery stores and supermarkets). 6) General merchandise stores (groups 5311-5399). 7) Home furniture, furnishing, and equipment stores (groups 5712- 5736). 8) Libraries (group 8231). 9) Miscellaneous repair services (groups 7629-7631 no electronic repair, except computer repair only in conjunction with sales.) 10) Miscellaneous retail (groups 5912-5963 except liquor stores, pawn shops and building materials 5992-5999). 11) Paint, glass and wallpaper stores (group 5231). 14 NOV 1 9 2002 12) Personal services (groups 7212, 7221-7261, and 7291 except coin operated laundries, beauty shops and barber shops.) 13) United States Postal Service (group 4311). 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Twelve thousand (12,000) square feet. B. Minimum Lot Width: One hundred (100) feet. C. Minimum Yards (Setbacks): 1. Front yards along Golden Gate Parkway: Forty (40) feet. 2. Front yards along all other streets: Twenty-five (25) feet. 3. Side yards between development tracts: Ten (10) feet. 4. Side yards abutting the PUD perimeter: Fifteen (15) feet and 25 feet when abutting residential zoned properties. 5. Side yards abutting the Santa Barbara Canal: Fifteen (15) feet. 6. Rear yards: Twenty-five (25) feet. 7. Accessory structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at the time of building permit application, except small, architecturally designed canopies, intended to provide shelter from the sun and rain for pedestrians, shall only be required to be set back from the external boundaries of the PUD a distance often (10) feet. 8. Between Principal Structures: Fifteen (15) feet. D. Minimum Floor Area: 1,000 square feet for the principal structure, on the first floor. E. Height: Thirty-five (35) feet for the principal structures with no parking facilities allowed beneath structures. Go Off-street Parking and Loading: 1. As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. 2. Each phase of development shall provide the minimum required amount of parking facilities required by Section 2.3 of the Land Development Code. Open Space Requirements: A minimum of thirty (30) percent open space, as described in Section 2.2.20.3.5 of the Land Development Code, shall be maintained for the developed parcels of land within the PUD. The petitioner shall submit data at the time of each site development plan application that the subject parcel provides a minimum of thirty (30) percent open space or that the subject parcel measured cumulatively with all previously developed parcels within the PUD will total a minimum of thirty (30) percent open space of the cumulative area. ~a~ I~._ NOV 1 g 2002 15 Jo Ko Landscaping and Buffering requirements: 1. A ten-foot wide buffer "Y" shall be constructed around the perimeter of Tracts "C", "D" and "E". Such Buffer "Y" shall include one shade tree per twenty (20) linear feet and a double hedgerow along its entirety. Hedges shall be a minimum of 24 inches in height at the time of planting. 2. Where the PUD boundary abuts multi-family zoning, the required double hedgerow shall be a minimum of 36" in height at the time of planting and shall achieve 80% opacity within one year of planting. 3. W~aere the PUD boundary abuts single-family zoning, the ret~uired buffering shall be a minimum Type C buffer as required by Section 2.4 of the Collier County Land Development Code. 4.Buffer areas shall not be required between platted lots or projects · within the PUD or along the Santa Barbara Canal. '~ 5. In order to emphasize the connection between the project and the surrounding community, pedestrian accesses will be provided from the rear of the project, where it directly abuts a public fight- of-way. Access from sidewalks within the Golden Gate Parkway right-of-way shall also be provided for pedestrians. These accesses will be lighted and landscaped with a minimum of two shade trees and shall include a bench adjacent to each access. One access shall be provided for every 300 feet of frontage along Golden Gate Parkway fight-of-way. 6. Projects on lots within Tracts C, D, & E may relocate rear pedestrian rest areas within that same tract, such as along the canal, as long as all of the required amenities are provided. Signs: Signage shall be in accordance with Division 2.5 of the Collier County Land Development Code in effect at the time of final site development plan submittal or building permit application. Fast-food restaurants shall shield all ordering devices and/or windows where orders are taken from view from Golden Gate Parkway. Where this document does not address development standards, the standards found in the most similar :toning di trict in the Land Development Code shall apply. 16 NOV ! SECTION V COMMERCIAL AREAS PLAN FOR TRACT 'F' 5.1 PURPOSE The purpose of this section is to identify specific development standards for Tract 'F' as identified on Exhibit A, PUD Master Plan. 5.2 GENERAL DESCRIPTION The area designated as Tract 'F' on the PUD Master Plan is intended to provide professional offices and commercial land uses consistent with the Golden Gate Area Master Plan. This Tract totals +/- 2.97 of the +/-13.33 acres of the PUD and is located northwest of the intersection of the Golden Gate Parkway and the Santa Barbara Canal. The Tract lies within the Golden Gate Parkway Professional Office Commercial District. 5.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted principal uses and structures for Tract 'F' as shown on Exhibit "A", PUD Master Plan: 1. Accounting, auditing, and bookkeeping services (group 8721). 2. Business services (groups 7311, 7313, 7322-7331, 7335-7338, 7361, 7371, 7373-7376, 7379). 3. Depository institutions (groups 6021-6062). 4. Eating places [group 5812 (except carry-out restaurants; contract feeding; dinner theaters; drive-in and drive-through restaurants; fast food restaurants; food service, institutional; industrial feeding; pizzerias; restaurants, carry- out; restaurants, fast-food; submarine sandwich shops)]. 5. Engineering, architectural and surveying services (groups 8711- 8713). 6. Health services (groups 8011-8049). 7. Holding and other investment offices (groups 6712-6799). 8. Insurance carrier, agents and brokers (groups 6311-6399, 6411). 9. Legal services (group 8111) 10. Management and public rel :ions services (groups 8741-8743, 8748). 11. Membership organizations (groups 8611, 8621). 12. Museums and art galleries (group 8412). 13. Non-depository credit institutions (groups 6141-6163). 14. Personal services (groups 7221, 7291). 15. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511 - 9532, 9611-9661). 16. Real estate (groups 6512-6514, 6519, 6531-6553). 17. Research, development and testing services (group 8732). 17 NOV 19 2002 18. Security and commodity brokers, dealers, exchanges, and services (groups 6211-6289). 19. Transportation services (group 4724). 20. Veterinary services (group 0742, excluding outside kenneling). 21. Any other commercial use or professional service, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). B. Accessory Uses: Uses and structures that is accessory and incidental to the Permitted Uses within Tract "F" except for the overnight parking/storage of commercial vehicles. 5.4 DEVELOPMENT STANDARDS Minimum Lot Area: Twelve thousand (12,000) square feet. Minimum Lot Width: One hundred (100) feet. Minimum Yards (Setbacks): 1. Front yards along Golden Gate Parkway: Forty (40) feet. 2. Front yards along all other streets: Twenty-five (25) feet. 3. Side yards between development tracts: Ten (10) feet. 4. Side yard abutting the PUD perimeter: Fifteen (15) feet. 5. Rcar yard: Twenty-five (25) feet. 6. Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at the time of building permit application, except small, architecturally designed canopies, intended to provide shelter from the sun and rain for pedestrians, shall only be required to be set back from the external boundaries of the Pt_rD a distance often (10) feet. 7. Between Principal Structures: Fifle~n (15) feet. D. Minimum floor area: 1,000 square feet for the principal structure for the first floor. E. Maximum Height: Twenty-five (25) feet for the principal structures plus 10 feet for parking areas beneath the principal structures. F. Off-street Parking and Loading: 1. As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. 2. Each phase of development shall prov te the minimum required amount of parking as required by Section 2.3 fthe Land Development Code. Go Open Space Requirements: A minimum of thirty (30) percent open space, as described in Section 2.2.20.3.5 of the Land Development Code, shall be maintained for the developed parcels of land within the PUD. The petitioner shall submit data at the time of each site development plan application that the subject parcel has a minimum of thirty (30) percent open space or that the subject parcel measured cumulatively with all previously developed parcels within the PUD will total a minimum of thirty (30) percent open space of the cumulative area. 18 NOV ! 9 2002 H. Landscaping and Buffering Requirements: 1. A ten-foot wide buffer "Y" shall be constructed around the perimeter of Tract "F", excluding driveways, sidewalks and alley access drives that serve the project. Such Buffer "Y" shall require one shade tree per twenty (20) linear feet and a double hedgerow along the perimeter of Tract "F". Hedges shall be a minimum of 24 inches at the time of planting. 2. Where the PUD boundary abuts multi-family zoning, the required double hedgerow shall be a minimum of 36" inches in height at the time of planting and shall achieve 80% opacity within one year of planting. 3. In order to emphasize the connection between the project and the surrounding community, pedestrian accesses will be provided from the rear of the project, where it directly abuts a public right- of-way. Access from the sidewalks within the Golden Gate Parkway right-of-way shall also be provided for pedestrians. These accesses will be lighted and landscaped with a minimum of two shade trees and shall include a bench adjacent to each access. One access shall be provided for every 300 feet of project frontage along Golden Gate Parkway. I. Signs: Signage shall be in accordance with Division 2.5 of the Collier County Land Development Code in effect at the time of final site development plan submittal or building permit application. J. Where this Document does not address development standards, the standards found in the most similar zoning district in the Land Development Code shall apply. 19 SECTION VI DEVELOPMENT COMMITMENTS 6.1 6.2 PURPOSE The purpose of this Section is to set forth the regulations for the development of this project. GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all State and local laws, codes, and regulations applicable to this PUD, in effect at the time of building permit application. Except as herein specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. Any successor or assignee in title is bound by the commitments within this agreement. 6.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 20 AGE~A NOV I 211112 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is proposed to be completed in multiple phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 6.4 ENGINEERING This project shall be required to meet all the requirements of the Collier County Land Development Code and any other applicable ordinance in effect at the time final construction documents are submitted for development approval. 6.5 WATER MANAGEMENT This project shall be required to comply with the rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40 and Collier County Ordinance No.90-10. 6.6 UTILITIES Availability letters and construction plan approval fi.om the applicable Florida government utility authority shall be provided prior to final subdivision plat or site development plan approval. 6.7 TRANSPORTATION A. The applicant shall install arterial level street lighting at each vehiCular entrance along Golden Gate Parkway during construction of that project access unless these improvements are completed by Collier County as part of construction improvements to Golden Gate Parkway. B. Notwithstanding the existing roadway design of Golden Gate Parkway in the vicinity of this project, the County reserves the right of median access control. If the Collier County Transportation Department determines that operational problems require median modifications, the operation of this PUD rezoning shall not vest any right to the project owner that would prevent the County fi.om modifying any median openings, including directional changes and possible future closure. C. All commercial accesses fi.om Golden Gate Parkway shall provide right turn lanes into the development consistent with Collier County Ordinance 93-64, Work Within the Right-of-Way. D. The Collier County Transportation Department shall approve the final design parameters of any curb radius of all access points at the time of site development plan (SDP) approval. E. There shall be no direct vehicular access to 52"d Street Southwest, 53rd Te Southwest, 28th Place Southwest, or 27th Place Southwest. Vehicular acces 21 NOV 1 Street southwest may be allowed for limited turning movements. This access is subject to the review and approval of the Transportation Department at the time of site development plan approval. F. A cross-access agreement between the owners of the subject PUD and the adjoining property to the west, Parkway Promenade PUD, shall be recorded in the Collier County Public Records prior to final site development plan approval. A westbound right turn lane shall be constructed at their common entrance to serve both of these projects. Prior to the first site development plan approval within Tract "C" the developer shall dedicate compensating right-of-way to the County for the use as a right-of-way for the turn, lane and relocation of the sidewalk. This compensation shall not be subject to impact ][ee credits and shall be in place before any certificates of occupancy are issued, x G. The developer shall provide a fair share contribution toward a traffic signal system, if and when such signal system is warranted, at any project entrance. The County shall solely d~termine warrants for the installation of a signal system. The County shall own, operate and maintain any such signal system. H. Impact fees shall be paid in accordance with the Collier County Impact Fee O~dinance in effect at the time such fees are due and payable to the County. I. The petitioner may construct a new pedestrian bridge or bridges across the Santa Barbara Canal. One bridge would generally be located north of Golden Gate Parkway and the other south of Golden Gate Parkway. The exact location of the bridges shall be determined at the time of site development plan approval. J. The median opening west of the Santa Barbara Canal on Golden Gate Parkway shall be modified from the existing full opening to a directional opening and subject to the Transportation Department approval. 6.8 PLANNING A. All buildings shall provide a common architectural theme incorporating architecture and project signage consistent with Section 2.8 of the Land Development Code (LDC). During the site development plan review process, the developer shall provide architectural drawings indicating that all proposed buildings will have a common architectural theme and similar architectural style for parcels that are immediately adjacent to each other. These buildings shall utilize stucco walls (except for decorative trim), pastel colors and tile roofs as defined in Section 2.8 of the Land Development Code. Decorative parapet walls may be constructed above the roofline if it is determined to be consistent with Section 2.8 of the LDC at the time of site development plan review. B. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 22 NOV ! 2002 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT AMENDMENTS TO THE CAPITAL IMPROVEMENT ELEMENT; TRANSPORTATION ELEMENT; AND FUTURE LAND USE ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE NO. 89-05, AS AMENDED, THE "CONCURRENCY" AMENDMENTS, DCA NO. 02-2. ~ To have the Board adopt the 2002-Second Cycle amendments to the Growth Management Plan (DCA No. 02-2), referred to as the Concurrency Amendments. BACKGROUND.'. In response to policy direction from the Board to the County Manager, finalized at the BCC meeting of May 14, 2002, a second 2002 Growth Management Plan amendment cycle was initiated. The Board heard and deliberated on three separate road conditions related agenda items on May 14, 2002. These included a moratorium ordinance for three road segments (Item 10A.), a status report from the Transportation Administrator on the implementation of real-time concurrency roads impact analysis for new development approvals (Item 10B.) and a proposed referendum on the issue of roads concurrency (Item 10C.). Staff drafted the proposed amendments to support adoption of a new real-time "checkbook" transportation concurrency management system into Division 3.15 Of the Land Development Code (LDC). The transmittal public hearings were held before the CCPC on June 20, 2002 and the BCC on June 25, 2002. The intent of the proposed amendments, as transmitted, was to replace the current once a year (AUIR) concurrency determination for roads with a real-time "checkbook" methodology. Under a real-time traffic impact analysis system, the impacts of each final local development order on the avai-lable service volume capacity of all impacted road segments would be analyzed and applied prior to final approval. The Annual Update Inventory Report on Public Facilities (AUIR) would continue to be the concurrency status notification to the BCC for Water, Sewer, Drainage, Solid Waste and Parks. Capacity and allocations of each facility, except roads, would continue to be monitored by the departments responsible for the management and planning for these facilities during the twelve months following the policy direction by the BCC on needed projects and funding identified in the AUIR. However, the AUIR would include a "checkbook balancing" update only for roads with the day to day concurrency status of each road segment subject to a real-time evaluation by the Transportation Division of the impacts of each final subdivision plat, final site development plan (SDP), and building permits. ~~ NOV 1 9 2002 Capital Improvement Element (CIE) The transmitted GMP amendments included the following categories of amendments to the CIE, in addition to real-time roads concurrency related GOP's: Removal of Category "C" levels of service. Category "C" facilities are advisory only and are neither regulated or enforced by the BCC through implementation of the GMP Ordinance. Removal of "government buildings" and "dependent fire districts" from Category "B" facilities. The BCC gave staff direction at the 2001 AUIR meeting on December 18, 2001 to delete these facilities from the GMP. These facilities are not required to be included in the GMP by statute and fall within the administrative authority of the County Manager's implementation of annual BCC budget and policy direction. 3. Revisions to the levels of services standards for Sewer, Parks and Libraries based on BCC direction to staff at the 2001 AUIR meeting. 4. Schedule of Capital Improvements. Update of projects and revenue sources for all facilities based on direction by the BCC at the 2001 AUIR meeting. o Definition of final local development order for concurrency test. Final approved subdivision plat and final SDP were added to building permit as the concurrency test threshold development orders. Significant impact of development proposals at the rezone and FLUE amendment were revised from 5% to 1% of population and from 5% to 1% of impacted deficient road segment capacity volume. Transportation Element The transmitted amendments included revised definitions for roads levels of service standards and approved development impact standards; removal of all references to Areas of Significant Influence (ASI); updates to the levels of service standards (LOSS) for state roads; definitions for the "constrained" and "backlogged" LOSS roads classification; and provisions to support the implementation of a real-time "checkbook" concurrency management system for roads in the LDC. Future Land Use Element (FLUE) The transmitted amendments to the language of Policies 2.2 and 2.3 of the FLUE were proposed for internal consistency of GMP with the GOPs and implementation strategies for the concurrency management systems proposed in the CIE and Transportation Element. NOV 1 9 2002 CONSIDERATIONS: The DCA issued its Objections, Recommendations and Comments Report (ORC) on September 16, 2002. The DCA identified one objection in the ORC Report. Subsequently, the BCC held a checkbook concurrency workshop on September 27, 2002. As a result of the workshop presentations and in consideration of the objection raised by DCA in the ORC report, the BCC gave the following policy direction on the implementation of the Transportation Concurrency Management System real-time checkbook methodology and modifications to the transmitted "concurrency" amendments prior to adoption: The implementation of real-time "checkbook" concurrency for roads will be delayed pending the colled~on of additional data to be used in the Transportation Concurrency Management~ystem database. A review process for existing PUD's and subdivisions will be undertaken to ascertain O~e zoned but undeveloped projects which may be eligible for vesting for traffic 'impacts through an enforceable development agreement program. The vesting review is to begin with the adoption of changes to Division 3.15 of the Land Development Code. In the interim during the development of the checkbook concurrency system, the 2002 AUIR will be prepared as provided for currently in Division 3.15 LDC. Concurrency for all facilities including roads, will be established based on action and direction of the BCC upon the presentation of the 2002 AUIR in December 2002. The significant impact threshold for rezones and GMP amendments will be set at 3% of population and 3% of impacted deficient road segments as opposed to the transmittal 1% of both population and road LOS service volume. DCA "ORC" REPORT OBJECTION: Ability to Achieve and Maintain Adopted Level of Service Standards: The proposed amendment would remove one of the options for addressing concurrency for transportation impacts. Essentially development applicants would no longer rely on road improvements listed within the first three years of the Five-Year Schedule of Capital Improvements. The County is required to have a financially feasible capital improvements plan which demonstrates that it will achieve and maintain adopted level of service (LOS) standards so that the public facility capacity needed to support growth and development are available concurrent with the impacts of such development. The proposed amendment is not supported by data and analysis demonstrating that the County will achieve and maintain adopted level of service standards given the proposed amendment. Chapter 163.3180(2)(c), Florida Statutes (FS), and Rule 9J-5.0055(1)(a) & (b), (2) (a)l., & (3) (c), and 9J-5.016(4)1., Florida Administrative Code (FAC). ..A~At~ NOV I 9 2002 32, RECOMMENDATION: The County should demonstrate that it has a financially feasible capital improvements plan to achieve and maintain the adopted LOS standards. Some of the options to consider include utilizing other concurrency mechanisms allowed by Chapter 163, FS and Rule 9J-5, FAC including adjusting the adopted level of service standards, project phasing, and developer contributions. In addition, data and analysis should be provided which show the relationship between the impacts of the proposed amendment and the improvements listed on the Five-Year Schedule of Capital Improvements. Furthermore, the analysis should indicate the impact of this amendment on other elements and objectives of the comprehensive plan, including encouraging a compact land use pattern, affordable housing and the protection natural resources. Alternatively, the County should consider not adopting the amendment. STAFF RESPONSE: Since the transmittal of the proposed amendments to the comprehensive plan (DCA No. 02-2) to initiate a renewed and more current method for the measurement of the impacts of development approvals on the roadway system, the Board of County Commissioners has resolved to approach this high impact issue in several carefully considered phases or steps: o Adopt the transmitted amendments "with changes" to retain the current monitoring program for adequate public facilities (AUIR), including roads, for one year; to make new development subject to Certificate of Public Facility Adequacy (COA) approval at final subdivision plat or site development plan (SDP); to lower the threshold for traffic impact analysis at rezone or comprehensive plan amendment from 5% to 3%; to retain the inclusion of road projects in the first 3 years of the Schedule of Capital Improvements as available roads capacity; and to adopt a policy to establish the level of transportation impact vesting for previously approved planned unit developments (PUD) and subdivision developments. Prepare the Annual Update and Inventory Report (AUIR) for 2002 as the concurrency determination for Category "A" public facilities, including roads, until the implementation of a real-time "checkbook" transportation concurrency management system. o Adopt a financially feasible five-year Schedule of Capital Improvements with General Fund Revenues, Revenue Bonds, and Road Impact Fee increases approved by the Board of County Commissioners on October 8, 2002. Adopt changes to Division 3.15 of the Land Development Code (LDC) to collect impact fees and make the funds available for facilities improvements or additions at final subdivision plat and final SDP approval; to revise the definition of Area of Significant Influence (ASI) for interim development controls on deficient roads; to define "de minimis" road impact; to adopt a threshold scale for traffic impact analysis for new development applications of "3%, 3% and 5%" for acce ~',~ ~,,,~ - A GE~ID.A ITF..~4 NOV 1 9 2002 P~. 4/,./. adjacent road segments; to change the basis for peak hour traffic counts to reflect Collier County conditions. The result of these significant policy changes is the adoption of amendments which are significantly different than those which were transmitted on June 25, 2002. The County acknowledges that it lacks sufficient data on approved developments which may have vested status for roads impact and has decided to convert from the current yearly concurrency determination to the more timely checkbook system in two stages rather than make this massive conversion all at once. Without the data, which the County will collect in the interim under the revised amendments, the County believes it would be more prudent to delay the checkbook methodology implementation. At the time of transmittal, the County staff'believed it was possible to collect all the data and assemble it in the transportation database by the time of adoption of the checkbook concurrency amendments. However, refinement of data sources and analysis of vested developments has proven to be time and resource intensive. Therefore, a staged implementation approach will be adopted. Since the amendments, as adopted, have been substantially revised and reduced in scope compared to the transmittal (for this interim period), many of the Department's concerns raised in it's objection and recommendation are no longer applicable and cannot be logical l y addressed. Detailed explanations of some if the interim measures to be implemented during this first stage of the County's transition tv checkbook concurrency for roads follows: Secure data on vested trips to be assigned to segments of the highway system. The delay in changing to a more timely (monthly or quarterly) update will allow the County time to collect data on "vested" trips that should be accounted for in the CMS. Current data on vested trips are incomplete and of uncertain validity. Therefore, the County will require ever3one that claims to have projects vested for roadway concurrency to apply for certification of vesting during the next year. This will provide better information on vested trips to be included in the CMS as well as allow refinements to the zonal data used in the long range transportation planning models. Change the definition of an Area of Significant Impact (ASI). A significant change is proposed in the way an Area of Significant Impact (ASI) is defined. Currently when a road segment(s) is determined to be or is projected to become over capacity within three years, an ASI is to be declared by the Board of County Commissioners. For road segments within ASI's that still contain some capacity, that reserve is apportioned to new development. Within ASI's encompassing a currently deficient. segment (i.e. a segment(s) having no reserve capacity) no development is allowed until the Capital Improvement Element is amended to include a project that will provide additional capacity for construction within the first three years. Currently an ASI is defined as an area within a three mile radius of any deficient or projected deficient segment of a principal arterial, within two miles for a minor arterial and one mile for a collector. The current designation of the area within an ASI is very arbitrary and would be difficult to support if challenged. If an ASI Nov 1 2002 Do declared around a deficient segment that had no improvement scheduled for construction in the first three years of the CIE, a moratorium would be declared within a large area. In many instances, a project that would have no rational impact on the deficient link could be denied concurrency. In order to correct this problem, an ASI is to be defined as any deficient link directly accessed by a proposed project. Require payment of impact fees upon approval of a final plat, final site development plan or building permit and allow fees to be used immediately. Currently many SDPs or final residential plats take a waver on impact fees and pay them at building permit. This does not provide funds in time to design and acquire right of way to have a project.scheduled for construction concurrent with impacts of the development. Change basis of peak hour calculation. The 100th highest hour is typically used as the basis of the peak season peak hour in Florida. However, Rule 9J-5.007(3)(c)1 only requires "Establishment of level of service standards at peak hour...". The rule does not mandate peak season, peak hour. Jurisdictions around the state use various definitions for peak hour. It is accepted practice to use something around the 250th highest hour as a basis for the average or non-peak season peak hour. Rather than confuse the public with arcane engineering terms, the County has decided that the basis of the peak hour will be derived from the annual average omitting the two -highest peak months of February and March. This results in the peak hour basis being approximately the 248th highest hour. If the adopted LOS is maintained throughout the "non-peak" ten months, the adopted LOS may be exceeded during February and March. However, the Board felt that it was not an appropriate use of public funds to attempt to maintain LOS D throughout the peak season. As in many strongly seasonal communities, some congestion is expected and tolerated in the at peak of the peak season, the resulting use of the peak season peak hour for concurrency would not be an appropriate use of public funds. Change significant impact threshold. Under the current AUIR concurrency management system, developers are asked to model if the impact of their project is over 5% of the adopted LOS service volume on any link The numbers are used to refine gross traffic data and do not have any effect because there is no concurrency program other than the AUIR/ASI system. The transmitted amendments changed the significant impact threshold for the area to be covered for modeling in impact anal}'ses ~ om 5% of the adopted LOS across the board; to 1% for links directly accessed y the proposed project; 3% for the next links and 5% for subsequent segments. The County now wants to revise this to 3%, 3%, and 5% to reduce the cost of analyses to minor projects. And to allow better data to be generated. However, it will help better refine data for traffic engineering purposes and will assist staff in discussions of PUD's, which are discretionary rezonings approved by the BCC. NOV 1 S 2002 FISCAL IMPACT: The adoption of these amendments will be followed by the implementation of a process to collect and appropriate impact fees for the expansion or addition of Category "A" public facilities to accommodate new development approvals at the time of final site development plan (SDP) or final subdivision plat approval. Impact fees are currently paid at the time of building permit pickup. Additional staff and operating expenses may be required within the Transportation Services Division and the Community Development & Environmental Services Division. Increases to the fee schedules for the processing of applications for development orders and Certificate of Public Facility Adequacy (COA) may be proposed in conjunction with the adoption of amendments to the Land Development Code (LDC) for implementation of these amendments. GROWTH MANAGEMENT IMPACT: These amendments will support the adoption of changes to the County's concurrency management system methodology. Rule 9J- 5.0055 F.A.C. requires the County to adopt a concurrency management system to implement the requirements of the Growth Management Act, Chapter 163, Part II, F.S., to provide for the availability of adequate public facilities to serve new development concurrent with the impacts of new development approvals. .ADDITIONAL NOTES: . Since ,the. transmittal of these amendments (DCA No. 02-2), there has been extensive editing and redrafting of both the CIE and the Transportation Element. As a result, the CIE, as proposed for adoption, has been formatted in ~ ~'~:'~ *~- ..... ~' and single underline to provide a readable document. The Transportation Element, as proposed for adoption, has been formatted in singleo~,,,,~-:~'~ ,u~.~,~,,~,,,u and sin.~le~ underline to indicate the transmitted changes and in double underline and ~zx~!z ct :'-~*u ..... u to indicate changes since the transmittal proposed for adoption. Due to the size of the documents package, the ordinance and amended element pages only are included with this Executive Summary. Complete notebooks will be delivered to the BCC after the CCPC hearing of November 7, 2002. CCPC RECOMMENDATION: The Collier County Planning Commission was scheduled to review these amendments at an advertised public hearing on October 17, 2002. The hearing was continued to the CCPC meeting of November 7, 2002. This Executive Summary agenda package is being forwarded to the Board prior to the CCPC meeting. Staff will convey the CCPC recommendations of November 7, 2002 by a supplement to this Exec' rive Summary and as part of the presentation 'of these amendments. STAFF RECOMMENDATION: That the Board review and adopt the 2002 Second Cycle Growth Management Plan Amendments (DCA No. 02-2). NOV 1 9 2002 7 PREPARED BY: ate: Stan Litsinger, Comprehensive Planning Manager Margaref,.,Wuerstle, AICP Planning Services Director APPROVED BY: ~~z~ ~~/~-/ Date: //~/,~2-- /J~seph K. ScJ~mitt, Administrator Community Development & Environmental Services NOV 1 9 2002 8 ORDINANCE NO. 02-.__ AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE FUTURE LAND USE ELEMENT, THE CAPITAL IMPROVEMENT ELEMENT, AND THE TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et.seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act o£ 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187; Florida Statutes; and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on July 3, 2002; and WHEREAS, the Department of Community Affairs did review and issue its Objections, Recommendations and Comments Report (ORC) to the Future Land Use Element, Capital Improvement Element and Transportation Element amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 60 da~, s from receipt of this ORC Report from the Department of Community Affairs, to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the Future Land Use Element, Capital Improvement Element, and the Transportation Element amendments to the Growth Management Plan on November 19. 2002; and WHEREAS, Collier County has gath, 'ed and considered additional information, data and analysis supporting adoption of taese amen6. ,ents to the Future Land Use Element, Capital Improvement Element and the Transportation Element, including the following: the Collier County staff report; and the other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held November 7, 2002, and the Collier County Board of County Commissioners held on November 19, 2002; and WHEREAS, all applicable substantive and procedural requirements of law have been met. AGENDA ITE~ No... 1~ NOV 1 S 2002 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE FUTURE LAND USE ELEMENT, CAPITAL IMPROVEMENT ELEMENT, AND TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN. The Board of County Commissioners hereby adopts these amendments to the Future Land Use Element, Capital Improvement Element and the Transportation Element in accordance with Section 163.3184, Florida Statutes. The amendments are attached hereto as Exhibit "A" and is incorporated by reference herein. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of these amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development ord~r~ or development permits dependent on these amendments may be issued or land uses dependent on these amendments commence before they have become effective. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Rc~olution shall be sent to the Department of Community Affairs, Bureau of Local Planning. 2555 Shumard Oaks Blvd., 3~a Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the County Commissioners of Collier County this __ day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN Marjorie M. Student, Assistant County Attorney AGENDA ITEM NOV 1 9 2002 COLLIER COUNTY GROWTH MANAGEMENT PLAN CAPITAL IMPROVEMENT ELEMENT Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN CAPITAL IMPROVEMENT ELEMENT SYMBOL DATE AMENDED (I) February 23, 1999 (11) May 9, 2000 ORDINANCE NO. Ordinance No. 99-14 Ordinance No. 2000-31 Indicates adopted portion Note: the support document will be updated as current information becomes available. Words "* .... ~'*~ ..... ~' ............. =.. are deletions - Words underlined are additions NOV ! 9 2002 * III. IV. V. VI. TABLE OF CONTENTS Page INTRODUCTION CIE - 1 CAPITAL IMPROVEMENT GOALS, OBJECTIVES AND POLICIES CIE-2 IMPLEMENTATION SCHEDULE OF CAPITAL IMPROVEMENTS: Roads Projects Drainage Projects EMS Projects Jail Projects Library Buildings Projects Library Collection Government Buildings Projects Parks Projects Water Projects Sewer Projects Landfill Projects CIE - 17 CIE - 26 CIE - 27 CIE - 29 CIE - 30 CIE - 31 CIE - 32 CIE - 33 CIE - 36 CIE - 42 CIE - 46 COST AND REVENUES CIE - 47 PROGRAMS TO ENSURE IMPLEMENTATION CIE - 49 ANALYSIS (Support Documents) Public Facility Requirements Appendix A Capital Improvements Projects Capital Improvement Financing Capacity Appendix B Appendix C Collier County School Board Capital Improvement Program Appendix D Timing & Location of Capital Improvements: Current Local Practices Appendix E Financing Plan Appendix F Collier County Fifth Annual Update & Inventory Report (AUIR) on Public Facilities Appendix G Adopted portions Words "* ....~'*~' ..... ~ are deletions - Words underlined are additions NOV 1 9 200? I. INTRODUCTION In 1985 and 1986 the Florida Legislature significantly strengthened the requirements for county and city comprehensive plans. One of the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act is the requirement that the comprehensive plan must contain a Capital Improvement Element to "... consider the needs for and location of public facilities ..." (Section 163.3177(3), Florida Statutes). The Capital Improvement Element (CIE) must identify public facilities that will be required during the next five years, including the cost of the facilities, and the sources of revenue that will be used to fund the facilities. -One of the specific-requirements of the legislation states that the public facilities that are_contained in, the CIE must be based on "standards to ensure the availability of public facilities and the adequacy of those facilities including acceptable levels of service." The administrative regulation that implements the statutes defines the phrase "level of service" as "... an indicator of the extent or degree of service provided by ... a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility." (Section 9J-5.003 (41), Florida Administrative Code). CIE- 1 Words ctruc~thrcuGh are deletions -Words underlined are additions NOV 1 9 2002 CAPITAL IMPROVEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES GOAL 1: TO PROVIDE ADEQUATE PUBLIC FACILITIES CONCURRENT WITH NEW DEVELOPMENT IN ORDER TO ACHIEVE AND MAINTAIN OR EXCEED ADOPTED STANDARDS FOR LEVELS OF SERVICE. OBJECTIVE 1.1: Identify and define types of public facilities for which the County is responsible, establish standards for levels of service for each such public facility, and determine what quantity of additional public facilities are needed in order to achieve and maintain the standards. Policy 1.1.1: ~ The County shall establish standards for le~(els of service for three two categories of public facilities, as follows: Category A public f.~cilities are facilities which appear in other elements of this comprehensive plan, including arterial and collector roads, surface water management systems, potable water systems, sanitary sewer systems, solid waste disposal facilities, and parks and recreation facilities. The standards for levels of service of Category A County provided public facilities shall apply to development orders issued by the County and to the County's annual budget, and to the appropriate individual element of this Comprehensive Plan. The standards for levels of service of Category A facilities which are not County provided shall apply to development orders issued by the County and to the appropriate individual element of this Comprehensive Plan, but shall not apply to the County's annual budget. Category B public facilities are facilities for the County's library, jail, and emergency medical services, othcr .......... * ~''';''~ ..... ,~ ,~,,p,-,-,~,-,-* ~-'- '~;"+-~-'*" The standards for levels of service of Category B public facilities shall apply to the County's annual budget, but not apply to development orders issued by the County. Public facilities shall include land, structures, the initial furnishings and equipment (including ambulances, fire apparatus, and library collection materials), design, permitting, and construction costs. Other "capital" costs, such as motor vehicles and motorized equipment, computers and office equipment, office furnishings, and small tools are considered in the County's annual budget, but such -items are not "public facilities" for the purposes of the Growth Management Plan, or the issuance of development orders. NOV 1 9 2002 CIE- 2 Words ~'+ .... t,,~. ..... ~ are deletions - Words underlined are additions Policy 1.1.2: Th'e quantity of public facilities that is needed to eliminate existing deficiencies and to meet the needs of future growth shall be determined for each public facility by the following calculation: Q = (S x D)-I. Where Q is the quantity of public facility needed, S is the standard for level of service, D is the demand, such as the population, and I is the inventory of existing facilities. The calculation will be used for existing demand in order to determine existing deficiencies. The calculation will be used for projected demand in order to determine needs of future growth. The estimates of projected demand will account for demand that is likely to occur from previously issued development orders as well as future growth. (Il) Bo The County Commission will review all rezone requests and proposed amendments to the Future Land Use Element (FLUE) affecting the overall County-Wide density or intensity of permissible development with consideration of their impact on both the variable "D" in the formula Q = (S x D) - I, and the overall roadway system. The County Commission shall not approve any such rezone request or FLUE amendment that significantly impacts either: (1) a deficient roadway segment,.,,, .~,..~,'~"~ ....... v,..~, ~.,,,~*~"'" ~,",5~cr ,.., vj~v.~"'-'"i""+~ +,,., ...... ~,..~, ~.v*'" ,,,~+~,~ .......... , .......... +..~,,.., .... , ,.~ o...,,~,.,, or; (2) the BEBR high range growth rate population projections through the year_2000 2006, and then the BEBR medium range growth rate thereafter, for the variable "D", unless one cr ,mcrc of the following simultaneously occurs: Specific mitigating stipulations are approved in conjunction with the rezone to restore or maintain the Level of Service on the impacted roadway segment; (11) The adopted population standard used for calculation of "Q" in the formula Q = (S x D) - I is amended based on appropriate data and analysis; The Schedule of Capital Improvements is updated to include any necessary projects that would support the additional public facility demand(s) created by the rezone or amendment to the Future Land Use Element. Significant impact is hereby defined for Section B of this Policy as generating potential for increased County-Wide population greater than 5°,/.. 3% of the BEBR high range population projections for Parks, Solid Waste, Water, Sewer and Drainage facilities, or as generating a volume of traffic equal to or greater than 5% 3%of the adopted LOS standard service volume ~ .... ~ ''~ ~""'~"" t-, .,,,,,~, ~, ....... ~ .... of an impacted roadway (11) There are three circumstances in which the standards for levels of service are not the exclusive determinant of need for a public facility: 1. Calculated needs for public facilities in coastal high hazard areas are subject to all limits and conditions in the Conservation and Coastal Management and Future Land Use Elements of this Growth Management Plan. 2. Replacement of obsolete or worn out facilities, and repair, remodeling renovation, will be determined by the Board of County Commissioners recommendation of the County .~.dmi,-,~"..tr~tcr Mana,qer. CIE- 3 Words "*.'"'"*~' ..... "are deletions - Words underlined are additions NOV 1 2002 o Public facilities that provide levels of service in excess of the standards adopted in this Growth Management Plan may be constructed or acquired at any time as long as the following conditions are met: ao the facility does not make financially unfeasible any public facility of the same type that is needed to achieve or maintain the standards for levels of service adopted in this Growth Management Plan, and the facility does not contradict, limit or substantially change the goals, objectives and policies of any element of this Growth Management Plan. Any public facility that is determined to be needed as a result of any of the factors listed in Section B and D of this Policy shall be included in the regular Schedule of Capital Improvements contained in this Capital Improvement Element. All capital improvement projects for such public facilities shall be approved in the same manner as the projects that are identified according to the quantitative analysis described in Section A of this policy. Policy 1.1.3: The determination of location of improvements to expand public facilities will take into consideration the projected growth patterns as identified in the County's annual population projections. Where applicable, public facility improvements wit[ be coordinated with the capital facility plans of any other governmental entity providing public facilities within Collier County. Policy 1.1,4: Public facility improvements within a category are to be considered in the following order or priority: Replacement of obsolete or worn out facilities, including repair, remodeling and renovation of facilities that contribute to achieving or maintaining levels of service. B. New facilities that reduce or eliminate existing deficiencies in levels of service. Co New facilities that provide the adopted levels of service for new growth during the next five fiscal years, as updated by the annual review of the Capital Improvement Element. In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the capital improvements will be scheduled in the following priority order to serve: 1. previously approved development orders permitting redevelopment, 2. previously approved development orders permitting new development, 3. new development orders permitting redevelopment, and 4. new development orders permitting new developments. Eo Improvements to existing facilities, and new facilities that significantly reduce the operating cost of providing a. service or facility. New facilities that exceed the adopted levels of service for new growth during the next five fiscal years by either: 1. providing excess public facility capacity that may be needed by future growth beyond the next five fiscal years, or providing higher quality public facilities than are contemplated in the Cou normal design criteria for such facilities. CIE- 4 Words str'..'c~thrc'--'gh are deletions - Words underlined are additions NOV Policy 1.1.5:. The standards for levels of service of public facilities shall be as follows: Category A Public Facilities Arterial and collector roads, includinq state hiqhways not on the Florida Intrastate Hiqhway System FIHS) A1 '"___...,*" Roadways: A1.1 r, .... +" Aarterials and collector roads: Level of Service as indicated" "below on the basis of peak hour,--~ traffic volume: Level of Service "E" on the following designated roads: Roads Airport-Pulling Road Golden Gate Parkway Goodlette-Frank Road Goodlette-Frank Road Pine Ridge Road US 41 From - To Pine Ridge Road to Golden Gate Parkway Airport-Pulling Road to Santa Barbara Boulevard Pine Ridge Road to Golden Gate Parkway Golden Gate Parkway to US 41 ^~,,,,,~ D, ,,~,.. Road US 41 to ' "/5 Logan Boulevard Collier Boulevard to Old US 41 .Airport-.Pullinq Road Airport-Pullinq Road Davis Boulevard Golden Gate Parkway Livingston Road Vanderbilt Beach Road US 41 to Golden Gate Parkway Pine Ridqe Road to Vanderbilt Beach Road US 41 to Airport-Pulling Road US 41 to Airport-Pullinq Road Golden Gate Parkway to Radio Road US 41 to Gulfshore Drive (I))(11) A2 A1.2 Level of Service "D" peak hr~ur .... I,, ...... ...... ~. ........... on all other County and State (not on the FIHS) arterial and collector roads~, r, ................ '~"" "~ """'~ ......... '" ~* Lcvcl of State and Federal Roads: Collier County sets and adopts the LOS standards for state roads with the exception of those on the Florida Intrastate Hiqhwa¥ System (FIHS). In Collier County FDOT sets and maintains the LOS for 1-75. The standards for 1-75 are as follows: A3 1-75 EXISTING TRANSITIONING ' RURAL AREA URBANIZED AREA URBANIZED AREA B C C D D D D D D County Surface Water Management Systems: CIE- 5 Words ctruckthrcugh are deletions -Words underlined are additions NOV 1 9 2002 (I) A3.1 A3.2 A4 A4.1 .A4.2 A4.3 (I) A5 A5.1 A5.2 A5.3 (11) AS A6.1 A6.2 A7 A7.1 A7.2 A7.3 Category B B1 B2 B3 B4 Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-50 and 90-10. Existing "private" developments and existing or future public drainage facilities - those existing levels of service identified (by design storm return frequency event) by the completed portions of the Water Management Master Plan as listed in the Drainage/Water Management Subelement of the Public Facilities Element. County Potable Water Systems: County systems County Water District - 185 gallons per capita per day Goodland Water District - 163 gallons per capita per day City-of.Naples=-163 gallons per.capita per day in the unincorporated service area City of Everglades - 163 gallons per capita per day in the unincorporated service area Private potable water systems: Sewage flow design standards as identified in Policy 1.3.1 of the Potable Water Subelement of this Growth Management Plan. County Sanitary Sewer Systems: County systems: North Sewer Service Area = 145 gallons per capita per day South Sewer Service Area = 12! 100 gallons per capita per day City of Naples = 121 gallons per capita per day in the unincorporated service area Private sanitary sewer systems: Sewage flow design standards as identified in Policy 1.2.1 of the Sanitary Sewer Subelement of this Growth Management Plan. County Solid Waste Disposal Facilities: Two years of constructed lined cell capacity at the average disposal rate for the previous five (5) years Ten years of permittable capacity at the average disposal rate for the previous five (5) years. County Parks and Recreation Facilities: Regional Park land Community Park land Recrea'!on facilities = 2.9412 acres per 1,000/pop. = 1.2882 acres per 1,000/pop. = ~ $240 capital investment per capita CIE- 6 Words .... ~'~' ..... ~' - st ........... ~., are deletions Words underlined are additions NOV 1 9 2OO2 ccct) Public Facilities: County Library Buildings: 0.33 square feet per capita County Library Collection: 1.35 2.05 books per capita by FY 10 County Jail: 0.0024 beds per capita (2.4 beds per 1000 population) County Emergency Medical Service: .000068 EMS units per capita (1Unit/15,000 Population) fcr ~!! ctrcctc C2.! C3 C3.! C4 C4.! CC...! C7 C7.1 C7.3 CIE- 7 Words ,'~ .... ~'*~' ..... ~' ............. ~., are deletions - Words .underlined are additions NOV 1 9 2002 C8 C8.! C8.2 G:rd:n: CIE- 8 Words ctr'--'ckthrc'--'gh are deletions - Words underlined are additions NOV 1 9 200- .,.20 . CIE- 9 Words ~-' ....'-'~' ..... ~' are deletions - Words underlined are additiom NOV 1 9 200?.. FINANCIAL FEASIBILITY OBJECTIVE 1.2: Provide public facilities in order to maintain adopted level of service standards that are within the ability of the County to fund, or within the County's authority to require others to provide. Existing facility deficiencies measured against the adopted level of service standards will be eliminated with revenues generated by ad valorem taxes and intergovernmental revenues received based on economic activity. Future development will bear a proportionate cost of facility improvements necessitated by growth. Future development's payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. Policy 1.2.1: The estimated capital expenditures for all needed public facilities shall not exceed conservative estimates of revenues from sources that are available to the County pursuant to current law, and which have not been rejected by referendum, if a referendum is required to enact a source of revenue. Policy 1.2.2: Existing and future development shall both pay for the costs of needed public facilities. Existing development shall pay for some or all facilities that reduce or eliminate existing deficiencies, some or all of the replacement of obsolete or worn out facilities, and may pay a portion of the cost of facilities needed by future development. Both existing and future development may have part of their costs paid by grants, entitlements or public facilities from other levels of government and independent districts. Policy 1.2.3: Public facilities financed by County enterprise funds (i.e., potable water, sanitary sewer and solid waste) may be financed by debt to be repaid by user fees and charges for enterprise services, or the facilities may be financed from current assets (i.e., reserves, surpluses and current revenue). Policy 1.2.4: Public facilities financed by non-enterprise funds (i.e., roads, surface watEr management, parks, library, emergency medical service, and jail, othcruv.~,,,,,,~,,.* ~-,,~,,,~, ~'' ';'~; ..... -,,~ ~,v,,-~,,,~"'''* ~;-",.,~ al!cfr!crc) shall be financed from current revenues and assets (pay-as-you-go financing) and Revenue Bonds approved by the Board of County Commissioners. exccpt_~ ~.,,~, ..,~~*~ .... ~ ....... ~, ~.,~;~ ,,, ;~ *~.,,,~ ~,,~'~" .~ moot ctcndcrdc for Ic'/c!c cf .... ;~ concurrent 'Mth now dcvclcpm:nt. Debt financing shall not be used to provide excess capacity in non-enterprise public facilities unless the excess capaci~ is an unavoidable result of a capital improvement that is needed to achieve or maintain standards for levels of se~ice. No~ithstanding other provisions of this policy, general oblig~ .ion bonds approved by -referendum may be used for any public facilities to acquire capacity nee, ed within the five yc=r Schedule of Capital improvements "'"" or for excess capaci~. Policy 1.2.5: The County shall not provide a public facility, nor shall it accept the provision of a public facility by others, if the County is unable to pay for the subsequent annual operating and maintenance costs of the facility. CIE-10 Words r '"~'*~ ..... ~' ct u ......... ~.. are deletions- Words underlined are addition.' NOV I 9 2002 (11) Policy 1.2.6: The County shall continue to collect Road Impact Fees for road facilities requiring the same level of service standard as adopted in Policy 1.1.5 of this element in order to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development. Policy 1.2.7: The County shall continue to collect impact fees for Parks and Recreation, EMS and Library facilities requiring the same level of service standard as adopted in Policy 1.1.5 of this element in order to assess new development a pro rata share of the costs required to finance Parks and Recreation, EMS and Library improvements necessitated by such development. Policy 1.2.8: 'lf,'for any reasonTthe County cannot provide revenue sources, identified as,needed funding for specific projects within the adopted Schedule of Capital Improvements, the Growth Management Plan shall be amended based on one or more of the following actions: Ao Remove through a plan amendment facility improvements or new facilities from the adopted Schedule of Capital Improvements that exceed the adopted levels of service for the growth during the next five (5) fiscal years; Bo Remove from the adopted Schedule of Capital Improvements through a plan amendment facility improvements or new facilities that reduce the operating cost of providing a service or facility but do not provide additional facility capacity; Co Where feasible, transfer funds from a funded Non-Capital Improvement Element capital project in order to fund an identified deficient Capital Improvement Element public facility. The resulting revisions shall be reflected in the required annual update. Do Lower the adopted level of service standard through a plan amendment for the facility for which funding cannot be obtained. Eo Do not issue development orders that would continue to cause a deficiency based on the facility's adopted level of service standard. Policy 1.2.9: Collier County will not exceed a maximum ratio of total general governmental debt service to bondable revenues from current sources of 13%. Whereas Florida Statutes place no limitation on the application of revenues to debt service by local taxing authorities, prudent fiscal management dictates a self-imposed level of constraint. Current bondable revenues are ad valorem taxes an, State-shared . revenues, specifically gas taxes and the half-cent sales tax. The Enterprise Funds o[ ~,rate under revenue bonding ratios set by the financial markets and are, therefore, excluded from this debt po!icy. CIE -11 Words ctrucP, thrcugh are deletions - Words underlined are additio AGEI~A ITEk~ NOV 1 9 2002 PUBLIC EXPENDITURES: COASTAL HIGH HAZARD AREA OBJECTIVE 1.3: Effective with plan implementation public expenditures in the coastal high hazard area shall be limited to those facilities needed to support new development to the extent permitted in the Future Land Use Element. In addition, public expenditures shall include the following categories: A. Maintenance of existing public facilities; B. Beach, shore and waterway access; C. Beach renourishment. Policy 1.3.1: The County shall continue to expend funds within the coastal high hazard area for the replacement and maintenance of public facilities identified in the Conservation and Coastal Management Element. Policy 1.3.2: The calculated needs for public facilities will be based on the adopted level of service standards and future growth projections within the coastal high hazard area. The Future Land Use Element limits new residential development (thus obligations for infrastructure expenditures) to a maximum of four dwelling units per gross acre within portions of the coastal high hazard area. Policy 1.3.3: The County shall continue to insure that access to beaches, shores and waterways remain available to the public and will develop a program to expand the availability of such including funding options for acquisition. '"';+~'; CIE -12 Words struc~thrcuGh are deletions - Words underlined are additions' AGE~::)A ITEM/~ NOV 1 9 2002 PROVIDE NEEDED IMPROVEMENTS OBJECTIVE 1.4: The County shall coordinate its land use planning and decisions with its plans for public facility capital improvements by providing needed capital improvements for replacement of obsolete or worn out facilities, eliminating existing deficiencies, and future development and redevelopment caused by previously issued and new development orders. Policy 1.4.1: The County shall provide, or arrange for others to provide, the public facilities listed in the Schedule of Capital Improvements. iR-the ..c, .... ,",,,-,;*-,' ~ .......... * E!cmcnt. The Schedule of Capital Improvements may be modified as follows: A. The Schedule of Capital Improvements shall be updated annually. Pursuant to Florida Statutes 163.3187, the Schedule of Capital Improvements may be amended two times during any calendar year, and as allowed for emergencies, developments of regional impact, and certain small scale development activities. Pursuant to Florida Statutes 163.3177, the Schedule of Capital Improvements may be adjusted by ordinance not deemed to be an amendment to the Growth Management Plan for corrections, updates, and modifications concerning costs; revenue sources; or acceptance of facilities pursuant to dedications which are consistent with the plan. Policy 1.4.2: All Category A public facility capital improvements shall be consistent with the goals, objectives and policies of the appropriate individual element of this Growth Management Plan. Policy 1.4.3: The County shall include in the capital appropriations of its annual budget all the public facility projects listed in the Schedule of Capital Improvements for expenditures during the appropriate fiscal year. Projects for which appropriations have been made in the annual budget will not be removed once they have been relied upon for the issuance of a final site development plan, final plat, or building permit. The County m:y :!cc shall include in the capital appropriations of its annual budget additional public facility projects that conform to Policy 1.1.2 (B.2) and Policy 1.1.4 (C) and (E). Policy 1.4.4: The County shall determine, prior to the issuance of final site development plans, final plats and building permits whether or not there is sufficient capacity of Category A public facilities to meet the standards for levels of service for existing population and the proposed development. No'final site .development plan, final plat, or building permit shall be issued unless the levels of service for the resulting development will achieve the standards in Policy 1.1.5 Category A, and the requirements for Concurrency Management as outlined in the policies within Objective 1.5 of this element are met. Policy 1.4.5: Public facilities and services provided by Collier County with public funds in accordance with the 5-year Schedule of Capital Improvements in the Capital Improvements Element will be limited to Service Areas established within the boundaries designated on Map PW-1 titled, "Collier County's Three (3) Water and/or Sewer Districts Boundaries" and PW-3 titled, "Rural Transition Water & Sewer District" appearing in the Public Facilities Element for water and sewer. Road improvements will be designated on the Schedule of Capital Improvements .... ~ ................... ,~--~ "= ..... ~-~*~ ~ .......... * ~ .... * ~--" appearing in the Trcff~c tlilVUI ~ ~V~l ~lt~I iiil~lVlVIIIVl I~ ~lViilVl i~ ii1~ I VllVUl~llVl I i i~1 i~ CIE -13 Words "* ....~'*~' ..... ~' - ............. u.. are deletions Words underlined are additions NOV 19 2002 =Capital Improvement Element. All other public facilities and service types will be provided on a County-Wide availability basis. CONCURRENCY MANAGEMENT OBJECTIVE 1.5: To ensure that public facilities and services needed to support development are available concurrent with the impacts of such development, the County's Concurrency Management System shall be consistent with Chapter 163, Part II, Florida Statutes and Rule 9J-5.0055, Florida Administrative Code. The County shall establish a regulatory and monitoring program to ensure the scheduling, funding and timely construction of Category A public facilities concurrent with, or prior to, the issuance of a final site development plan, final plat or a building permit to-achieve and maintain adopted level of service standards. Policy 1.5.1: The concurrency requirement for the Potable Water, Sanitary Sewer, Drainage and Solid Waste Level of Service Standards of th~s Growth Management Plan will be achieved or maintained if any one of the following standards of the i~oncurrency Management System are met: A. The necessary facilities and services are in place at the time a final site development plan, final plat or building permit is issued; or B. The necessary facilities and services are under construction at the time a final site development plan, final plat or building permit is issued; or Co The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of paragraphs A and B of this policy. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. The agreement must guarantee that the necessary facilities will be in place when the impacts of the development occur. Policy 1.5.2: e .... Level of Service The concurrency requirement for the Parks and Recreation and Opcn v~_vv Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System are met: A. Compliance with any one of the standards set forth in Policy 1.5.1 A, B and C is met; or Bo At the time the final site development plan, final plat or building permit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for commencement of actual construction of the required facilities within one year of the issuance of the final site development plan, final plat or building permit; or Co The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities within one year of the issuance of the applicable final site development plan, final plat, or building permit. An enforceable development agreement may include, but is no' limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or agreement or development order issued pursuant to Chapter 380, Florida Statu~ CIE -14 Words "* ....~'*~' ..... ~' ............. ~., are deletions - Words underlined are additions an AGENDA I 9S. No.~" NOV I 9 2002 Policy 1.5.3: The concurrency requirement of the Traffic C~rcu!at!c,", Transportation Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System ace is met: A. Compliance with any one of the standards set forth in Policies 1.5.1 A, B, and C and 1.5.2 B and C is met ;or 0 In areas in which Collier County has committed to provide the necessary public facilities and services in accordance with its five-year schedule of capital improvements, the concurrency requirement of the T'o~c C!rc'--'!at!c,", Transportation Level of Service Standards ';;c'J!d shall be achieved or maintained if all of the following standards of the Concurrency Management System, based upon an Adequate Capital Improvements Program and adequate implementing regulations are met: A Capital Improvement Element and a five-year Schedule of Capital Improvements which, in addition to meeting all of the other statutory and rule requirements, must be financially feasible. The Capital Improvement Element and Schedule of Capital Improvements may recognize and include transportation projects included in the first three years of the applicable, adopted Florida Department of Transportation five-year work program. A five-year Schedule of Capital Improvements which must include both necessary facilities to maintain the adopted level of service standards to serve the new development proposed to be permitted and the necessary facilities required to eliminate those portions of existing deficiencies which are a priority to be eliminated during the five-year period under the Schedule of Capital Improvements. A realistic, financially feasible funding system based on currently available revenue sources which must be adequate to fund the public facilities required to serve the development authorized by the building permit and which public facilities are included in the five-year Schedule of Capital Improvements. A five-year Schedule of Capital Improvements which must include the estimated date of commencement of actual construction and the estimated date of project completion. A five-year Schedule of Capital Improvements which must demonstrate that all actual construction of the road facilities and thc prcv!c!cn cf cc,'¥!cc~ is scheduled to commence in or before the third year of the five-year Schedule of Capital Improvements. A plan amendment is required to eliminate, defer or delay construction of any road project which is needed to maintain the adopted level of service standard and which is listed in the five-year Schedule of Improvements. (11) Policy 1.5.4: The County shall continue to implement a Concurrency Management System, as identified ='' thc Adcquatc Pub!!c =""~"*~"", _v,,,.,.... r-,.,~...,..,,._. ,..v ..... ,....~'t" ~v .....,~'~ ccd!ficd in Division 3.15 of the Collier County Land Development Code, which shall include a regulatory program and monitoring system consistent with this Growth Management Plan and consistent specifically with the policies under Objective 1.5 of this Capital Improvement Element. The monitoring system shall enable the County to determine whether it is adhering to the adopted Level of Service Standards and its Schedule of Capital Impro~ emeNo.r~ ITEM~ NOV 1 9 2002 CIE -15 Words struc~thrcugh are deletions - Words underlined are additions P~. o~1~_ REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENTATION SCHEDULE OF CAPITAL IMPROVEMENTS The Schedule of Capital Improvements on the following pages will eliminate existing deficiencies, replace obsolete or worn out facilities, and make available adequate facilities for future growth. Each project is numbered and named, and its cost during each of the next five fiscal years is shown in thousands of dollars (OOO). The month and year for actual commencement of construction and the month and year each project will be completed (in service) is indicated. Each project in Category A is consistent with the level of service standards as identified within this element and the appropriate individual element of this Growth Management Plan. Each project in Category B is consistent with the level of service standards as identified within this element. Optional elements were not developed for Category B facilities. CIE-16 Words ctruckthrcugh are deletions - Words underlined are addition,, NOV 192002 I PI~.~ NOV 1 9 200~ 0 o AGENDA ITEM^ NOV 1 9 2O02 z I- z ~' z 0 0 ~ "JO NOV 1 9 2" o 0 8 Z NOV i 9 200?. >-~ o 0 ~ ~. AGE~/DA ~NOV 1 9 2002 o § § o I/~ ~ 0 0° CD(~I I~0 t~O ¢~ 0 0 0 r,., 0 0 CD 0 ,r,, ~0 0 0') .J I-. 0 0 0 W 0 I'- 0 0 AGE~ ITEM No. ~ ,~'~ NOV 11:3 2002 zI NOV ! .~ 2002 AGENDA ITEM NOV 1 9 2002 A C~) ~ O O AGENDA NOV ~ 9 2002 NOV 1 9 2002 c4 ~z ~E~ ~z z ~ 8 ~ NOV 1 R 2002 o w ~ Pi~. NOV 1 9 2002 NOV 1 9 2, NOV 1 9 2002. I- 0 0 >.0 0~- 0 .NOV 1 9 2002 zI Ar...-,ENOA ITEM..~ NOV ~ .~ 2002 I,,,,, 0 I- -- ,,. ~ ~ ! NOV 19 2t gE ~ , NOV 1 9 2002 o ~ NOV ! 9 2002 NOV 1 9 20" ~ zI NOV 1 9 2002 I.- uJ I- 0 0 0 zI AC-~NDA ITE. h¢ NOV 1 9 200" COSTS & REVENUES BY TYPE OF PUBLIC FACILI'FY) In the table below, the left column itemizes the types of public facilities and the sources of revenue. The center column contains the 5-year ~(FY02-06) amounts of r-estr-ic=,ted facility specific revenues. The right column is a calculation of-the-expenses vs. revenues dcficlt for each type of public facility. All deficits are accumulated as a subtotal. Below the subtotal deficit is the source of additional revenue that will be used by the County to p=~,' fcr fund. the deficit in order to maintain the standards for levels of service listed in CIE Policy 1.1.5. COUNTY ROADS PROJECTS/EXPENSES LESS Available Revenues: Gas Taxes $ Road Impact Fees Carry Forward/Grants/Misc. Revenue Bonds General Fund Transfer (FY 03) Commercial Paper Loans 83,080,000 150,000,000 61,277,000 192,920,000 4,200,000 48,538,000 Deficit $602,875,000 540,015,000 (62,860,000) DRAINAGE PLANS AND PROJECTS LESS Available Revenues: SFWMD FDEP Naples WATER & SEWER SYSTEMS LESS: Impact Fees/User Fees SOLID WASTEJLANDFILL 326,000 9,874,0OO 60,000 Deficit Balance Balance 18,808,000 10,260,000 (8,548,000) 155,422,000 155,422,000 0 PARKS & RECREATION LESS Available Revenues: Park Impact Fees Bonds/Revenue Boating Improvement Funds 44,323,000 750,000 Balance 45,073,000 45,073,000 0 CIE 49 NOV 1 9 2002 EMERGENCY MEDICAL SERVICE Less: EMS Impact Fees JAIL Deficit Balance $ 6,650,000 2,341,000 (4,309,000) 0 LIBRARYBULDINGS AND BANKS Less: Library Impact Fees Subtotal of Facility Specific Revenues\vs. Costs ADD: Non-Facility Specific Revenues: General Fund F~.evenues Deficit Balance Deficit Balance 15,703,000 6,828,000 (8,875,000) 0 (84,592,OOO) 84,592,000 $o CIE 50 NOV 1 .q 2OO2 PROGRAMS TO ENSURE IMPLEMENTATION Through continued implementation of adopted land development regulations the following programs have been implemented to ensure that the goals, objectives and policies established in the Capital Improvement Element will be achieved or exceeded. I ~,,,.,4~.... ~,...,...=, Development Order Review i ~ ~l,~l, II~ As part of the review of all applications for final site development plans, final plats, and building permits, the County will determine whether or not there will be sufficient capacity of Category A public facilities to meet the standards for levels of service for the existing population and for the proposed development in accordance with the requirements of the Concurrency Management System. As part of the review for all development orders havin.q ne.qative impacts on Cateqory A Public Facilities other than final site development plans, final plats, buildinq permits, the County will determine whether or not sufficient capacity of Cateqory "A' public facilities are planned for construction concurrent with the impacts on levels of service that will be created by the proposed development durin.q the next five fiScal years. 32. Impact Fees Impact Fee Ordinances will require the same standard for the level of service as is required by Policy 1.1.5. 43. Annual Bud,qet The annual budget will include in its capital appropriations all projects in the Schedule of Capital Improvements that are planned for expenditures during the next fiscal year. 64. Semiannual Report The mandatory semiannual report to the Department of Community Affairs concerning amendments to the comprehensive plan due to emergencies, developments of regional impact and selected small developments will report on changes, if any, to adopted goals, objectives and policies in the Capital Improvement Element. 65. Update of Capital Improvement Element The monitoring of and adjustment to the Capital Improvement Element to meet the changing conditions must be an ongoing process. Beginning in August of each year, the element will be updated in conjunction with the County's budget process and the release of the official BEBR pop[ ation estimates -and projections. The update will include: 1. Revision of population projections; 2. Updates of facility inventory; o o Update of unit costs; Update of facilities requirements analysis to project 10 year needs (by tis( to program projects to meet the service standards. Update of revenue forecasts in order to evaluate financial feasibility and t CIE 51 e NOV 192002 County's ability to finance capital improvements needed to meet the Service standards Revise and develop capital improvement projects for the next five years. The first year's schedule of projects will be incorporated into the County's budget effective October 1st. 7. Update of the public school and health facilities analysis. :7-6. Concurrency Mana.qement System The County has established a Concurrency Management System by adoption of the Adequate Public Facilities Ordinance, as amended. The system consists of the following components: Ao The Annual Update and Inventory Report on Public Facilities,--v..(~,HIR~,, ,-,-,-,-;*-,-;,-,-,...v..,,v....u repc~ on the capacity and levels of service of public facilities compared to the standards for levels of service adopted in Policy 1.1.5 of this Element. The AUIR rcpc."t summarizes the actual capacity of existing public facilities and forecast the capacity of existing and planned public facilities for each of the five succeeding fiscal years. For the purposes of long range capital facility planning, a ten year forecast of projected needed capacity is also done. These forecasts are based on the most recently updated Schedule of Capital Improvements in this Capital Improvement Element. The annual approval of the AUIR and the identified needed proiects and revenues by the Board of County Commissioners Th!c c~'J~l rc~c~ constitutes evidence of the capacity and levels of service of Cate.qory A__public facilities for the purpose of issuing development orders during the 12 months following :l:the approval .... ~"*;"'" of the AUIR ...... ' rcpc,"t. -r-~,;,, rcpc,"t Public facility capacity review. The County shall use the procedures specified in Implementation Programs 1 and 26 to enforce the requirements of Policies 1.5.1, 1.5.2 and 1.5.3 of this Element. Review of changes in planned capacity of public facilities. The County shall review each amendment to this Capital ;mprovement Element in particular any changes in standards for levels of service and changes in the Schedule of Capital Improvements in order to enforce the policies of this Element. Do Concurrency Management Implementation Strategies. The County shall annuslly review the Concurrency Management Implementation Strategies that are incorpor3ted in this Capital Improvement Element: Standards for levels of service are applied within appropriate geographical areas of the County. Standards for County-Wide public facilities are applied to development orders based on levels of service throughout the County. Standards for public facilities that serve less than the entire County are applied to development orders on the basis of levels of service within assigned areas. Levels of service are compared to adopted standards on an annual basis. Annual monitoring is used, rather than case-by-case monitoring, for the following reasons: annual monitoring corresponds to annual expenditures for capit~i improvements during the County's fiscal year; and / / annual monitoring covers seasonal variations in levels of servic(~. / CIE 52 ~ NOV 1 9 2002 87. Second 5-year Evaluation and Appraisal Report The required second 5-year evaluation and appraisal report will address the implementation of the goals, objectives and policies of the Capital Improvement Element. The monitoring procedures necessary to enable the completion of the 5-year evaluation include: a. Review of annual reports of the Concurrency Management System; bo Review of semiannual reports to DCA concerning amendments to the Comprehensive Plan; and Co Review of annual updates of this Capital Improvement Element, including updated supporting documents. CIE 53 I NOV 1 9 2002 COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Symbol Date Amended Ordinance No. ** May 9, 2000 Ordinance No. 2000-25 *** May 9, 2000 Ordinance No. 2000-26 (I) May 9, 2000 Ordinance No. 2000-27 (11) May 9, 2000 Ordinance No. 2000-30 (111) May 9, 2000 Ordinance No. 2000-33 (IV) December 12, 2000 Ordinance No. 2000-87 **** March 13, 2001 Ordinance No. 2001-11 (V) March 13, 2001 Ordinance No. 2001-12 (VI) May 14, 2002 Ordinance No. 2002-24 Ordinance No. 2000-25, rescinded and repealed in its entirety Collier County Ordinance No. 99-63, which had the effect of rescinding certain EAR-based objectives and policies at issue in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM). Ordinance No. 2000-26, amended Ordinance No. 89-05, as amended, the Collier County Growth Management Plan, having the effect of rescinding certain EAR-based objectives and policies at issue in Administration Commission Case No. ACC-99-02 (DOAH Case No. 98-0324GM), more specifically portions of the Intergovernmental Coordination Element (Ord. No. 98-56), Natural Groundwater Aquifer Recharge Element (Ord. No. 97-59) and Drainage (Ord. No. 97-61) sub-elements of the Public Facilities Element, Housing Element (Ord. No. 97-63), Golden Gate Area Master Plan (Ord. No. 97-64), Conservation and Coastal Management Element (Ord. No. 97-60), and the Future Land Use Element and Future Land Use Map (Ord. No. 97-67); and re-adopts Policy 2.2.3 of the Golden Gate Area Master Plan. Indicates adopted portions Note: the support document will be updated as current information becomes available. **** Scrivener's Ordinance correcting omissions on Flue Map (VI) = Plan Amendments CP-2001-3,4,5,6 & 7 by Ordinance No. 2002-24 on Ma~ AGENDA ITEM NOV 1 200 (IV) Policy 1,3: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts: as described in the Golden Gate Area Master Plan. Policy 1.4: The CONSERVATION Future Land Use Designation shall include a Future Land Use District. Policy 1.5: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. Areas of Environmental Concern Overlay C. Airport Noise Area Overlay D. Bayshore/GatewayTriangle Redevelopment Overlay OBJECTIVE 2: The coordination of land uses with the availability of public facilities shall be accomplished through the Concurrency Management System of the Capital Improvements Element and implemented through the Adequate Public Facilities Ordinance of the Land Development Code. Policy 2.1: The County shall prepare annually the Annual Update and Inventory Report (AUIR) on Public Facilities which shall include a determination of the existing conditions of capital public facilities, determine the remaining available capacity, forecast future needs in the five year capital improvement schedule and identify needed improvements and funding to maintain the level of service adopted in Policy 1.1.5 of the Capital Improvements Element. Policy 2.2: Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, add projects to the Capital Improvements Element;. or defer development until improvements can be made;, or amend the level of service lc cmcndcd to ensure available capacity. Policy 2.3: Continue the Certificate of Adequate Public Facility.^'~...~,~.-~j ........ regulatory program, which requires the certification of public facility availability prior to the issuance of a final local development order. OBJECTIVE 3: Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, F.S. in order to ensure protection of natural and historic resources, the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner. Policy 3.1: Land Development Regulations have been adopted into the Land Development Code that contain provisions to implement the Growth Management Plan through the development review process and include the following provisions: a. The Collier County Subdivision Code shall provide for procedures and standards for the orderly development and subdivision of real estate in order to ensure proper description, identification, documentation and recording of real estate boundl adequate infrastructure for development. NOV 1 9 2002 COLLIER COUNTY GROWTH MANAGEMENT PLAN TRANSPORTATION ELEMENT Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN TRANSPORTATION ELEMENT Symbol Date Amended ** October 28, 1997 (I) February 23, 1997 (11) May 9, 2000 Ordinance No. Ordinance No. 97-62 Ordinance No. 99-13 Ordinance No. 2000-32 This is the EAR-based amendment. Due to the magnitude of the changes - which included reformatting the entire Element, affecting every page of the Element - a Roman Numeral is not assigned. Indicates adopted portions Note: the support document will be updated as current information becomes a Words ctruckthrcugh are deletions -Words underlined are additior NOV 1 9 2002 TABLE OF CONTENTS ,SECTION A Ol I D Dl'"t O C PAGE TRAH-! CI OVO?Clill DA. FUTURE SYSTEM NEEDS* 1. 2. ~2. 43. 1 · ~,-,a ~ t,.,,, D.,-.;,~,-+;,-,,~o* Travel Demand Travo! Dcmand.O"++~,,v, ...., ..~ * Traffic Circulation Constraints* Futurc Traffic Circu!cticn Mcp 2000*Five Year Capital Facility Pro.qram Future Traffic Circulation Map Series -20!0' Year 2025 EiB. INTERMODAL & MULTI-MODAL TRANSPORTATION* 1. Non-motorized Trave~ 2. Aviation* 3. Mass Transit* Fc. PERSPECTIVES* 1 Land Use Issuesz 2. Marco Island Airport Impacts*- 3. Inter-agency Coordination Cooperation* 4. Funding of Roadway Improvements* IMPLEMENTATION STRATEGY* GOALS, OBJECTIVES & POLICIES* A cZN~ ^ NOV 1 9 ~002 Words str~z~t~rzu~ aro dol~tions - Words undodinod aro addit ~5 IA MAP "r~_1 A~ Iii I n~ TD_I LIST OF TABLES/MAPS/FIGURES TD A KI_I ti TRA.N-21 TRAN-22 'FDA KI_~A TRAN-28 TR~N-30 TR ~,".'-30 Cc!!icr Ccunty Major Highw:y Nctwcrk Future 4! LIST OF MAPS TRAN-3 E=stcrn Co!!ie r-Ceu-P~ TD A KI_A Eustcrn CcUicr County 'rD A Km_'7 ·minim ?D_I iii i M !! TRA! 'T"D Al ii Words -'* .... '-*~- ..... ~' are deletions -Words underlined are additions {-Q~ NOV 1 9 2,. RJI A~'~ TR-I. E TR-1 F-2 ~'P.- I F-2 TR-I F-3 TR-I F-~ TR-! TR-2W TR-2E TR - 1' TR - 2* TR - 3* TR-~£ TR-E~W TR-ESE a~ TR-SP?.W ~P.-E =.P.=- 7 TR-ECW LIST Existing ~.~ .......................................... B! y ..,~,~ D,,~,,,-+,;-,- =.,,.;ii,;...- [] .... i Area Existing c c!c ............................... Financially Feasible Plan and Traffic Circulation Map- Year 2025. Total Transportation Needs Plan - Year 2025. Future Roadway Functional Classification and Multi-Modal Facilities 111 Words ''~ .... ~'+~' ..... ~, nr~. deletions -Words onderlined are additio~ TRAN- 'I'D A kL 'I'D AKI To AKI_ TD AKL TD A KI_ TRAN- TRAN- 25 26 27 /1'1 NOV 1 2002 TR-SCE 9 -rD_crt H'..'mbcr of Lancc- Ycar 2025 40 40 50 iv Words ctruckthrcugh are deletions -Words underlined are additior NOV 1 9 2002 MAP TR-_=.~.=_. 11 LIST OF TABLES/MAPS/FIGURES (continued) PAGE,, (Il) TD ~o_~ ~o Yecr °n0~ =~"y~"~ c~d o,~,,,,,;~. ==c,.',;c . ............. 111~ 'r'D_~rN 4 R 1::7 CQ (I~) TD '/Otf, I '1 n T .... ;+ Rout-... ~ TR-7-E TR-?C£ 22 Ifil 'ro_'~ r~ Transit Routs 2 Tr2n$!t Routs 3 Tr2nsit Route 4 Trcncit Route 5 C~ TR- 7E-I TR- 7E-2 TP.- 7E-3 TR- 7E-4 ~..'-t.- 7E-5 MT-IW ilIT_t r- Figure 1 Table I ........... yC ........................... -,--r'~'-=" ..... Imm~bnln~ A~e* v~-. o~on 9~CyClC ~"~ D.~-~.;-- C~.;.~C ................... T ancot ~"~* Five-year Transpo~ation Capital Improvement Locations Five-year Transpo~ation Capital Improvements Work Proqram ¥ Words r~.... ~ ..... ~ ............. u,, are deletions -Words underlined are additions 29 ACI~NOA ITEM[~ NOV I 2002 D A. FUTURE SYSTEM NEEDS 1. La:ad U.~c Pre, jccticns Travel Demand The MPO Long Range Transportation Plan's Financially Feasible Plan and Needs Plan aK adopted on March 23, 2001, are hereby incorporated to define the major roadway needs for Collier County. The 2025 Financially Feasible Plan is t~resented as Man TR-1 and shows the, needed roadway imvrovements that can be funded through the year 2025. May TR-2 shows the total vroiected roadway improvements needed by 2025. Note that the Financially Feasible Plan does not include all needs identified through the Urban Area Transportation Study. It onlv includes the vroiects that can be funded from reasonably anticinated revenues. While the total 2025 needs are estimated to reouire funding of anproximatelv 1.7 billion dollars, the cost feasible plan reflects fundin~ of anproximatelv $1.5 billion. Based on recent efforts to treat transportation as a top pfiofitv, the Board of County Commissioners has committed to increase revenues so that future needs are fully met. As directed by the Board of County Commissioners. efforts are underway to develop measures to close the 0.2 billion dollar shortfall between the total needs plarl and cost feasible nlan through public/orivate oartnerships such as reservin~ fight of way and Appendix A nresents the 2025 Transportation Plan resulting from the Urban Area Transportation Study prepared bv the MPO as additional data and analysis,, Map TR - 1 also serves as the Traffic Circulation Map that presents the number of lanes on Collier County Roadways in 2025. Mao - TR 3 shows the functional classification of the. roadways and the multi-modal facilities in the county, The refinement of these plans to incorporate updates to the MPO's Plan, development of a collector road system and results of corridor specific studies, shall occur on a regular basis upon approval of the Collier County Board of County Commissioners (BCC). 1 Words -" .... ,.+k .....k are deletions -Words underlined are additions IT ,IB~ 2002 ,~ & 2~ Traffic Circulation Constraints In many parts of the Naples Urban Area, traffic circulation movements are constrained by the natural features of the landscape such as the Gordon River. Still other parts offer constraints of the man-made variety, such as golf courses and the Naples Airport. In many instances approved developments (some existing, others not yet built) block the way of logical extensions of urban collector and arterial roads. The single most noticeable constraint is the Gordon River as it extends from the Naples Bay northward under the East Tamiami Trail (US 41) to its connection with the Golden Gate canal system. The characteristics of the highway network at this location resembles an "hour-g,ass". On the western extreme, US 41 and Goodlette Road converge on the narrow "straits" of the Gordon River bridge, while to the east, US 41 and Davis Boulevard do likewise. The result is the typical "bottleneck" effect when too much traffic volume is forced through ace, nst:v, cted constricted area. The other contributing factor to current and future congestion problems is associated with the northwest/southeast configuration of the East Trail (US 41). Because this roadway converges with the east/west and north/south roadways at an angle it has the impact of forcing or "squeezing" the travel demand into the confined area of the Gordon River corridor. -I n]s roadway serves both the north/south and the east/west travel demand in the East Naples rea. 2 Words '"* ....~'*~ ..... ~' ............. ~.. are deletions -Words underlined are additions NOV 1 9 2002 Travelers at the southeastern corner of the Urban Area have only one route into the central City of Naples, i.e., the East Trail, whereas travelers in the northeast reaches of the Urban Area have a multitude of choices along the roadway grid for a route to downtown Naples. In developing plans for new and expanded roadways that make up the long range network, the County has kept in view these natural and man-made traffic circulation constraints. Even though environmental concerns are usually addressed through the permitting process, it is important to consider various highway alternatives in light of the sometimes fragile ecological features. 3 Words struc~hrcugh are deletions - Words underlined are additio[ NOV 1 9 200;. (II) 4. 3 F-umre n,..m~ ,~: .... '~*:~- ?4nFs v~=-- ~an9 Five-year Capital Facility Pro~ram 2002 - 2006 Thc r~adway: ........ ~n ..... 5 arc .............. Table 1 and Fimire I nresent the Collier County Transportation Work Prom'am for the FY 2002 - FY 2006 time frame. The improvements shown on this table and fi~ure renresent a sub-set of the needs identified in the Collier County 2025 Needs Plan (Man TR - 2~ and are included in the ~urrent Canital Imnrovement Element (CIE3 for funding within the next five years. 6. 4_ Future Traffic Circulation Map Series - Year 2025 thc Long .....~ ...... ~, .......................... / ..........................~ .... Rule 9J-5.007 reouires a mat) or mat) series that oresents the following: number of lanes on each facility: roadway functional classification: and multi-modal facilities (oorts. airoorts, and rail lines~. Mat) TR - I (The 2025 Financially Feasible Transoortation Plan] serves as the 2025 Traffic Circulation Mao showin~ the number of lanes on Collier Countv Roadwavs. MaT) - TR 3 shows the 2025 roadwav functional classificati( the multi-modal facilities in the county. 4 Words ''+ ....~+k ..... k ............. ~.. are deletions -Words underlined are additions NOV 19 2002 tgB. INTERMODAL & MULTI-MODAL TRANSPORTATION 1. Non-Motorized Travel Today in Collier County, there exists the potential for an integrated network of bicycle and pedestrian facilities that would provide a safe, clean, healthy, and efficient opportunity for travel throughout the urban area. To help create a more balanced and livable transportation system, one that provides for bicycling and walking, Collier County has undertaken new roles and responsibilities not previously performed. The Collier County Comprehensive Pathway Plan, developed by the Naples (Collier County) Metropolitan Planning Organization (MPO) staff, was adopted by the MPO in December, 1994. The purpose of the Pathway Plan is to plan for the future needs of bicyclists, pedestrians and other non-motorized travel modes. The Plan is a tool to guide the MPO's Bicycle/Pedestrian Program within six essential areas: (1) establishment; (2) engineering; (3) education; (4) enforcement; (5) encouragement; and (6) economics. These interrelated areas address Collier County's non-motorized issues, constraints, needs and opportunities. The Pathway Plan is currently being implemented in Collier County. The Pathway Plan documents the extent of the existing pathway system. Many of the major highways have sidewalks incorporated into their design. It is a policy of this plan that all future capacity improvements described in this plan shall include provisions for both bicycles and pedestrians. In addition, the Subdivision Regulations of Collier County provide for bicycle and pedestrian facilities throughout a development. The 2020 Pathway Plan also provides for the systematic completion of an integrated system. It is a policy of this Plan that Collier County will annually adopt a 5 Year Pathway Work Program that establishes pathway priorities. The County, to the greatest extent possible, will identify state and federal funds and provide local funds for the implementation of the 5 Year Pathway Work Program. In addition to providing bicycle and pedestrian facilities, the County will encourage their use, and promote safe bicycle and pedestrian practices through the continued support and implementation of the Comprehensive Pathway Plan. 2. Aviation r~.,~, ..... u .... T ............ ..... :..~ ........ , ........... ~ ........... Airport Master Plans were prepared for the Immokalee Regional Airport, Everglades Airpark, and the Marco Island Executive Airport. These plans provide insight as to existing facilities and conditions and make recommendations regarding potential opportunities and necessary future facilities at the three airports. a. Existing Facilities The development of separate master plans for Immokalee Regional Airport, Everglades Airpark, and Marco Island Executive Airport required the collection and evaluation of information relative to each of the airports and surrounding areas including the following: · Physical inventories and descriptions of facilities and services currently provided the airports · Background information pertaining to aircraft fleet mix and historical activity level 5 Words "* .... ~"~' ..... ~' are deletions -Words underlined are additions ITEM NOV 1 9 2002 · Regional plans and studies potentially affecting future airport development activity Immokalee Regional Airport: The airport is located on a 1,100 acre site in the north-central part of the County, approximately 40 miles northeast of Naples. Located on the northeast side of Immokalee, the airport is only one mile from the Central Business District. Primary access to the airport is via State Route 29 to County Route 846, which intersects with Airpark Boulevard to the south of the airport. Little development has occurred at the airport since its transfer of ownership in 1960 from the United States Government. Both landside and airside facilities are located at the airport. Landside facilities include the aircraft storage hangars, fueling facilities, etc. Airside facilities included at Immokalee are three runways, each 5,000 feet long and 150 feet wide. Taxiways are available as well. The airside facilities presently available provide for opportunities that are not available at other general aviation airports within the County. The three 5,000 foot runways and pavement strength provide operational capability exceeded only by Naples Municipal Airport. Additionally, only a portion of the 1,100 acres at the Immokalee Regional Airport is currently being used for airfield purposes. Large tracts of land remain available for future development of additional landside facilities and future economic development activity. Everglades Airpark: Everglades Airpark was initially purchased and developed by Collier County in 1968. The airport purchase was funded through monetary assistance provided by the Federal Aviation Administration, a National Park Grant, and Collier County. Little development has taken place since its opening, other than the required maintenance projects. Situated outside the boundaries of Everglades National Park and the Big Cypress National Preserve, the airport is surrounded on three sides by water. The airport is immediately surrounded by lands zoned as areas of environmental concern. Facilities at Everglades Airpark include a single runway that is 50 feet wide and 2,400 feet long, a taxiway, and runway lighting. Parking facilities, fueling and hangar facilities are also available. A terminal building/pilots lounge has been recently constructed, which provides a number of services. Marco Island Executive Airport: In the late 1960's, plans for a resort-oriented area south of Naples were conceived. Deltona, the developer of the Marco Shores project, determined that along with the upscale resort area, an airport was needed capable of accommodating small air carrier and general aviation aircraft. Construction of the airport began in 1972, and was completed in 1976. Through a land swap with the State of Florida, the County recently acquired the airport property in exchange for property within the Fakahatchee Strand. Existing airfield facilities include one runway, which is 5,000 feet long and 100 feet wide, a taxiway, various navigational aids, as well as airfield lighting. Automobile parking facilities are available adjacent to the terminal building. b. Future Potential Opportunities Immokalee Regional Airport: According to the Immokalee Regional Airport Master Plan, a number of factors support the notion that this airport could become a regional airline/aircraft maintenance base in the future. The length, width, and pavement strength of the existing airfield is capable of accommodating nearly all of the aircraft in the national regional airline fleet. There is ample open land available for future development of additional hangar space. The establishment of the airport in conjunction with the Southwest Florida International as a Foreign Trade Zone (FTZ) could provide some opportunities for expanded ai 6 Words "* .... ~'*~' ..... ~' ............. =,. are deletions -Words underlined are additions 2{302 operations. The Immokalee Regional Airport can offer space for industrial development and warehousing taking advantage of the FTZ. Such services could involve turbo-prop, business jet, or even smaller commercial jet activity. Additionally, the shipping of fresh produce from the airport may be a possibility. Considering the large agricultural base in the Immokalee area, specialty produce opportunities could be developed for movement by air to restaurants and retailers within the region, or nationally. The regional climate may offer an incentive as well for future flight training facilities. The weather in Southwest Florida is ideal for training operations. The airport has the land area available on site to support this t~pe of operation and development of the necessary hangar and terminal facilities. ~ Everglades Airpark: Land and environmental constraints at the Everglades Airpark provide little in the way o£ increased operations. The general intent of the Everglades Airpark Master Plan is demand-base&rather than time-based. This means that reasonable levels of activity potential that are derived ~rom this forecasting effort will be related to planning levels rather than dates in time. The demand levels, combined with airfield limitations suggest that the Airpark will continue to serve primarily single engine and twin-engine piston aircraft. The waters surrounding Everglades Airpark are currently utilized by seaplanes. The waters surrounding the Airpark provide a unique opportunity to increase seaplane operations, by providing daily sight-seeing flights and overnight excursions to coastal areas with campground facilities. Marco Island Executive Airport: According to the Marco Island Executive Airport Master Plan, Collier County Airport Authority should continue its efforts on operating the airport as an attractive, efficient, and safe facility. It was recommended that the Airport Authority continue to market and develop the airport as a facility to serve primarily corporate type aircraft indicative of the visitor and resident clientele of the Marco Island Area, and attract and maintain scheduled commuter service for the community. c. Estimated Development Timelines And Costs The development timelines and costs are included in the Master Plans for each of the airports. Janua:7 ~ The short term planning horizon covers items of highest priority as well as items that should be developed as the airport approaches the short term activity milestones. Priority items include improvements to safety and pavement maintenance. Also included, are improvements to facilities that are inadequate for present demand. Because of their priority, those items will need to be incorporated into County, State, and FAA programming. When short term horizon activity levels are reached, it will then be time to program for the intermediate term based upon the next activity milestones. Similarly, when the intermediate term milestones are reached, it will then be time to program for the long range. The cost estimates within each of the airport master plans were increased by 30% in order to allow for engineering and other contingencies that may be experienced by the project. 7 Words "* .... ~'*~' ..... ~' ............. ~,. are deletions -Words underlined are additi NOV 1 9 2002 (II) 3. Mass Transit a. Purpose ty .......~" ~ ....... ~..~., sF3n:cred r:~4. ,~,~ ...... ~'~.~ .......... ~.~.... initiated deviated Collier Coun ......... ~ ....... v ...... ~ ' "~ fixed route service for public transportation on February 15, 2001. Private services offered in the County are fixed route "trolleys" which operate during the winter season in Naples and on Marco Island, and a network of para-transit providers that offer transportation services to the disadvantaged. The Transportation Disadvantaged (TD) program is coordinated by Collier County, which has been designated as the Coordinated Provider by the Naples Metropolitan Planning Organization (MPO). The TD services offer home pick-up and delivery transportation for the elderly, handicapped, and economically disadvantaged in the County. The "trolley" systems mentioned above are run primarily for the tourist segment of the population and have fixed routes that visit the major shopping, beach and hotel interest points. b. Future System Needs On August 3, 1999 the Board of County Commissioners adopted the Public Transportation Development Plan (PTDP), and agreed to become the Governing Agency for Transit in Collier County. The PTDP contains estimates of un-met need in Collier County, both for the existing TD services, and for general public transportation. It contains planning level discussions on demand centers, route locations, vehicle sizes and types of services. T~c .v~l". DP .................................... .o v ..........v .......... ~ pr;.;'ate agonc:,' '.'ndor ccntract to thc count:,'. The Public Transportation Operating Plan (PTOP) was adopted by the MPO on December 8, 2000 and by the Collier County Board of County Commissioners on January 9, 2001. It is hereby incorporated by reference. Other services proposed in the start up public transportation system are a vanpool program, circulator service in Immokalee, an Immokalee to Naples shuttle service, and a Commuter Assistance Program. Although the PTPD final report suggested the need for numerous public transportation services in Collier County, the scale and growth rate of the initial system was such that no local funding contribution was predicted to be required until fiscal year 2006. This situation is the result of gradual changes in the requirements for local matching funds that accompany state and federal grant funds. Collier County is already spending funds on public transportation that meet the match requirements. 8 Words "* .... "*~' ..... ~' are deletions -Words underlined are addition AGENDA ITEM NOV ! 9 2002 tzC. PERSPECTIVES 1. Land Use Issues The Transportation Element is closely related to the Future Land Use Element. It has long been the pattern that the development of land necessitates improvements and expansion to the transportation system. The two elements are so closely tied, in fact, that changes or shifts in the land use patterns can drastically impact the performance of the roadway system. It is for this reason that the County requires most land development proposals (e.g., DRI, rezone, and provisional use requests) to submit a Traffic Impact Statement. An analysis of the proposal's impact is prepared and submitted to the recommending and approving authorities. As an alternative to this pattern of demand driving the transportation system improvements, the County has begun to explore ways to have the roadway system guide the patterns and densities of development. The County can determine the type of roadway system it wishes to maintain at the adopted level of service and then take steps to permit the type of land uses that will be consistent with that system. In this way, the County will be in a better position to keep the demand for transportation services from outstripping the supply of the roadway system. The County has also recognized the importance of good site planning as it relates to a projects ingress and egress from the major roadway system. Inadequate control of access points, median openings and signalized intersections can accelerate the deterioration of the systems overall level of service just as fast as the increases in traffic volumes. The County has developed and adopted policies to control the number, location and type of access points to the road network. These policies are based on the Collier County Access Management Policy (Resolution No. 92-42) and follow-up Resolution No. 01-246. and existing road and land use conditions. An access management plan map exists for each mixed-use activity center. The purpose of the access management plans is to minirrfize the adverse impacts to safety, capacity and operating conditions of the roadways, while providing adequate access to those properties. Access points on state controlled roads are subject to approval by the Florida Department of Transportation. 2. Marco Island Airport Impacts The Marco Island Airport, located east of SR-951 approximately 4.5 miles south of US 41 is a facility having a runway length of approximately 5,000 feet. Access to the facility is from SR-951 via Mainsail Drive. The facility currently provides only general aviation services to the southern urban area. Adjacent to the air strip is the Marco Shores Golf Club Community consisting of a golf course and a [ rase one residential area of 240 condominium units. All other lands surrounding the facility ,.re under State ownership and are environmentally sensitive. Peak season-peak hour traffic counts taken in 1988 at the intersection of Mainsail Drive at SR-951 reveal 120 vehicles using Mainsail Drive during the period of 8:00a.m. and 10:00a.m. This count would include both residential and airport generated traffic. A 1985 analysis of Marco Island Airport operation is part of the Continuing Florida Aviation System Plan indicates the following current conditions: In 1994, Marco Island Airport had approximately 30 based aircraft with 15,000 aviation operations. By 2005, the facility is expected to have 35 based aircraft and 21 operations. The airport has been served by regional airlines in the past. If commercial 9 Words ctruc~thr~ugh are deletions -Words underlined are additions NOV 1 9 2002 service was ever resumed it could be expected to generate an additional 8,000 operations per year by 2005. The current limited use of this publicly owned facility places no significant impact on SR-951. 3. Inter-agency Coordination Cooperation In Collier County, the responsibility for providing transportation facilities rests with several different agencies. Long-range transportation planning is the primary charge of the Naples (Collier County) Metropolitan Planning Organization (MPO). The MPO ia ma~e u? of fecal _in..; ..... ;..;,:~ g~ ~"~11,;~ C~i.in~.y. staff is housed in the Transportation Services Division, Transportation Planning Department. The Collier County Transportation Planning Department provides staff services to the MPO. The MPO coordinates its planning activities with the City, County, and State Department of Transportation. The programming and construction activities are handled by the City of Naples, City of Marco Island, Collier County, and the Florida Department of Transportation. Each agency's construction programs are monitored by the MPO to ensure inter-agency consistency. 4. Funding of Roadway Improvements In Collier County the pursuit of additional funding for roadway improvements has led to the implementation of numerous funding alternatives. The County has adopted the maximum .allowable a five cent local option gas taxes in addition to a one-cent voted gas tax. Impact fees for roadway construction were initiated in 1985 and up-dated in 1992 2000, and 2002. Municipal Service Taxing Units have been used to implement area specific projects. On the State level, local governments through the Metropolitan Planning Organization have directed their attention ~o the under-funded State roads in Collier County. One of the MPO's roles is to ensure that local governments in its jurisdiction reeeive direct .equitable treatment ':,'it~n ~ state and federal funding to the highest priority projects. 10 Words ~'+ ....~k .....k ............. ~,, are deletions - Words underlined are additions NOV 1 5 2002 GD. IMPLEMENTATION STRATEGY As part of the Transportation Element, the County established minimum acceptable level of service standards on the existing highway system. For mo:t County facilities, the level of service standard to be maintained is "D" or "E" as measured on a F:.:J.: :::.::..-: peak hour basis. Several County and State facilities have been given a minimum LOS "E" standard. To maintain the adopted LOS on roadways, the County has implemented a concurrency management regulatory program that ties issuance of development orders to the demonstration of adequate capacity on all roadway segments that would be significantly impacted by new development. In summary_ this program maintains an inventory of the following for each arterial and collector roadway segment: · Actual traffic on each segment as determined through an annual traffic counting program, · The peak hour service capacity as determined by engineering analyses performed by the Transportation ~ Division, and · Capacity that will be used by new development for which a Certificate of Adequate Public Facilities has been issued. In order to prevent sudden unanticipated LOS failures, the County will adopt, within one year or sooner, a "real time .... checkbook accounting" concurrency management process. ~ See the Adequate Public Facilities Ordinance ('Division 3.15 of the Land Development Code) for details of this process. T ............. r .............. ~ ................. year ~e~od_ ............. ..... :mcrcvcmc__. 11 Words "+ .... ~k .....k are deletions-Words underlined are additi, NOV 1 9 2002 1. Monitoring Division 3.15 of the Land Development Code is also known as the Collier County Adequate Public Facilities Ordinance (APFO). It describes the annual count program done on County roads to determine their annual average daily traffic (AADT). It describes how the relationship between that AADT and the segment's adopted level of service (LOS) standard determines the road segment' s level of service. The current levels of service at which road segments are operating are reported annually in the Annual Update and Inventory Report (AUIR). This report indicates which segments are operating at levels of service worse than their adopted standard LOS. It also contains predictions of when certain segments will reach levels of service that exceed their adopted standard LOS. Although traffic volumes are expressed as AADT, LOS calculations are done to ensure adequate levels of service. '~"-: ..... '- Peak season, peak hour traffic conditions are skewed in Collier County because of the heavy influx of seasonal residents and tourists. As such, it is deemed an inappropriate and unreasonable imposition on taxpayers to provide a roadway system designed for the peak of the peak season. Therefore, the LOS calculations are based on traffic conditions experienced for 10 months of the year with the peak seasonal and tourist months of February and March omitted from the analysis. 2. LOS Determination And BCC Findings ' The annual average daily volumes will be calculated and the peak hour volUme interpreted based upon the available data consistent with omitting February and March tourist months from the analysis. The Transportation Depa.--tmcnt Division shall pr-epar-e-a maintain and updat( roadway segments, for which a level of service standard has been adopted, that show~, LOS/-~ -~ ..... :.^.~ n~ .... ~ x ................... j as well as the adopted LOS standard found in this plan. 12 Words ctruc~hrcugh are deletions -Words underlined are addition,, This .~,ot ia.-~---~-''~ NOV 1 9 2002 Fc!Icw:.r.g .u~ ~re~aration ~c .u~ rcad;va~' ':- If the volume of traffic of any segments a~ is found to exceed °~eir its adopted LOS, a report of the Debarment': Division's findings ...... :.~., ~c .~ Coun:y': .~a~ will be transmitted to the Board of County Commissioners. The APFO describes the consequences of a road segment operating at a LOS that exceeds its adopted LOS standard. 2.1 Constrained Roadways Constrained facilities are roadways ~hich have been designated by action of the Board of County Commissioners once it has been detehnined that ',hey the facility will not be expanded by two or more through lanes due to physical, environmental or policy constraints. Physical constraints primarily occur when a roadway is developed to the maximum six lane standard or when intensive land us~development is immediately adjacent to roads, thus making expansion cost prohibitive. Environmental and policy constraints primarily occur when decisions are made not to expand a road based on environmental, historical, archaeological, aesthetic or social impact considerations. Constrained roadways are identified by action of the BCC upon the recommendation of the Transportation Administrator. Roadways identified as constrained shall be subiect to growth restrictions such that further LOS degradation does not occur once the roadway is determined to be operating below Level-of- Service standard. Constrained roadways are subject to growth restrictions that only allow for an increase in annual daily traffic volume of 10% above the service volume at Level-of-Service standard resulting in LOS operations not to exceed 110% of service volume. Roadways caFac:.ty. -If the service volume is exceeded bv 110%, only de minimis growth ~ could be applied to the roadway segment, zr. zz :~z rza~':.'a',"z z~z~:z~ LOC ~ 13 Words ctruckthrough are deletions -Words underlined are additic NOV 1 9 2002 is J /L 1 ~ .... ,;~+ ^~ ~ '{,;~1. ,;~ +l-,~ ~+ ...... 1,4 ~.~.~11.. 14 Words .... ,m-. ..... ~, ~:t ........... u.. are deletions -Words underlined are additions NOV ! 9 2{302 GOALS~ OBJECTIVES AND POLICIES (n) (II) GOAL 1: TO PLAN FOR, DEVELOP AND OPERATE A SAFE, EFFICIENT, AND COST EFFECTIVE TRANSPORTATION SYSTEM THAT PROVIDES FOR BOTH THE MOTORIZED AND NON-MOTORIZED MOVEMENT OF PEOPLE AND GOODS THROUGHOUT COLLIER COUNTY. OBJECTIVE 1: The County will maintain the major roadway system (er. eluding e .... ~.:~~. ....... ~ at ........ ~, ..... ., o, -- an acceptable Level of Service by implementing improvements as identified in the annual AUIR or by working directly with other responsible iurisdictions to implement needed improvements to their facilities. tn r~- ........ *~KI~ 1 ....1 ^.,c ..... ;~a *~ ,1.~ g~ll .... ; ..... ,4 ....... ,!~. I.. .... K~ ;A~+igl.~A in ,1..~ Policy 1.1: The County will annually adopt a Schedule of Capital Improvements an Ann'ca! Update and L':ventcry r,..~ldv-- ..... \'/A TT1-DX~.! coverin~ a period no less than five (5) years, which shall include those projects needed to maintain the network at the adopted Level of Service standard. Policy 1.2: The County shall annually appropriate the funds in the ensuing fiscal year to accommodate those phases of projects listed in the first >,ear of the Schedule of Capital Improvements Annual Update ~..~ ~ ......... v ..... ~^~,r,x A-14 Programming decisions are based on the AUIR, and annually incorporated in the Schedule of Capital Improvements in the CIE. Policy 1.3: County arterial and collector roads as well as State highways not on the Florida Intrastate Highway System (FIHS) shall be maintained at Level of Service "D" or better as addressed in paragraph G-1 of the Transportation Element on the ~-~:~ ^~ *~ peak ......... v ~ ....... ec.~ · ,^1.u,~,,,~ except: Level of Service "E" or better shall be maintained on the following designated roadways. Roadway Airport-Pulling Road Golden Gate Parkway Goodlette-Frank Road Goodlette-Frank Road Pine Ridge Road US41 Airport-Pullinq Road Airport-Pullinq Road Davis Boulevard Golden Gate Parkway From T__o Pine Ridge Road to Golden Gate Parkway Airport-Pulling Road to Santa Barbara Boulevard Pine Ridge Road to Golden Gate Parkway Golden Gate Parkway to US 41 ^;-""'* ~"";"" "'c~'~ US 41 to '-?" Lo,qan Blvd. Collier Boulevard to Old US 41 ,-~ ad Pine Ridge Road to Vanderbilt Beach Re US 41 to Airport-Pullinq Road US 41 to Airport-Pullinq Road 15 Words "+ .... ~' .....~' ............. ~,, are deletions - Words underlined are additions NOV 1 9 20r (II) Livinqston Road Golden Gate Parkway to Radio Road Vanderbilt Beach Road US 41 to Gulfshore Drive Thc Cc, un ......................................... ~, ~, ........ Level of Service "D" or better shall be maintained on all other county and state arterial and collector roads .......... , f The Ccllicr '~ ....... .~o~, Collier County Transportation Division shall determine *~'~ T r~e e ..... ~ ........... n ...... ~;S "';" ~ n~.~ ~ ............. ,~., ;n~..;e.,;-- ~he traffic volumes that co~espond to the different LOS thresholds on county roads., a~ =c;; quart .... ~ ....... ~ .................................. ~ .................... ~ Transportation Division shall install, as funds per.t, permanent traffic count stations to better identify traffic characteristics of county roads. Based on the traffic count data the Transportation Division shall develop a financially feasible Roads component for the Capital Improvement Program of the C~. '~ u ..... : ........ :...u~ c:~a: ......u .....: ...........~ ....:~"7 Policy 1.4: cf service standard: fcr state :-,,,aintaincd rcads: Collier County sets and adopts the LOS standards for State Roads with the exception of those on the Florida Intrastate Highway System (FIHS). In Collier County FDOT sets the LOS standards for 1-75. The standards for 1-75 are as follows: Existing Rural Area Urbanized Area I- 75 B C C g.S--4-t- G D D £p. o.,~ D D D SR ~2 G - - Transitioning Urbanized Area ~.'~: p :;;"e-rc-c':'an;-; ~ ~;'-"ann:n- r~ .... :_..:~. ~,..,, ~_.: ....... .~ ...........~. ,k~· *'" -,;m-':ca*:on: 16 Words,., L~. ~. .... ..... ............. ~.. are deletions -Words underlined are additic s OBJECTIVE 2: The County will maintain the adopted Level of Service standard as provided for in Policy 1.3 by making the improvements identified on the Five (5) Year Work Program. Policy 2.1: The County shall include in its Schedule of Capital Improvements in the Capital Improvement Element those projects necessary to maintain the adopted Level of Service on the roads identified on the Five (5) Year Work Program. (II) Policy 2.2: The County shall annually appropriate the funds necessary to implement those projects shown in the ann',:al clement (first year) of the Schedule of Capital Improvements Ann-,:al td~date and OBJECTIVE 3: The County shall provide for the protection and acquisition of existing and future right-of-ways. Policy 3.1: The County has implemented an advanced Right-of-Way Preservation and Acquisition Program. Policy 3.2: The County includes in its annual Capital Improvement Element nc ~ .... ~.~_ $,~atyma ........ funding specifically earmarked for use in an advanced Right-of-Way Acquisition Program. ]g-y ............................. v .......... t ................ a .... ~ ........ , a u shall be conducted periodically to identify the long range right-of way needs of the transpo~ation system based on buildout. Following ~ their, completion, cf t~: :tad3', t~c Pending :ct agide may Lc .... ~,~ ............... ~ .... n .... ~- Cc~nty'g ...... t need.the Transpo~ation Ad~nistrator will present a program of ~nding in actions to protect and acquire needed right-of-way. (II) Policy 3.3: Use Element Policy 4.2 and Transpertat:.,vn Element Pelicy 7.4) . The County shall acquire sufficient amount of right-of-way to facilitate no less than a cross section of (6) traffic lanes, appropriate turn lanes, medians, bicycle and pedestrian features, drainage canals, and shoulder sufficient for pull offs and landscaping areas. Exceptions to the right-of-v ay standard may be considered when it can be demonstrated, through a traffic capacity analysi , that the maximum number of lanes at build-out will be less than the standard. Policy 3.4: Collier County shall acquire rights-of-way for transportation improvements in fee simple, unless otherwise determined appropriate by the BCC based upon recommendation of the Transportation Administrator. 17 Words -* .... ~-*~- ..... ~ are deletions -Words underlined are addition: NOV ! .q 2002 (II) OBJECTIVE 4: The County shall provide for the safe and convenient movement of pedestrians, and motorized and non-motorized vehicles through the implementation of the Collier County Comprehensive Pathway Plan. Policy 4.1: The County shall, incorporate the Collier County Comprehensive Pathway Plan by reference and update the Plan as needed. Policy 4.2: ........ w~th~n the Collier County The County shall provide for support services, and resources a"~ ..~rr · · Metropolitan Planning Organization to coordinate the Bicycle/Pedestrian Program. Policy 4.3: The County shall provide an interconnected and continuous bicycle and pedestrian system by making the improvements identified on the 2020 Pathway Facilities Map series as funds permit. The County's pathway construction program should be consistent with the Comprehensive Pathway Plan. The Pathway Advisory Committeeo,w,~*'""'a v,,~,,~v:~ shall, to the maximum extent feasible, provide recommendations on the choice of projects to be included in the pathway construction program, and the order in which they are constructed. Policy 4.4: The County shall annually adopt a 5 Year Pathway Work Program which establishes pathway priorities to retrofit existing streets to accommodate bicycles and pedestrians. Policy 4.5: The County shall, to the greatest extent possible, identify state and federal funds and provide local funds for the implementation of the 5 Year Pathway Work Program. Policy 4.6: The County shall provide for the safe movement of motorized vehicles through implementation of its Land Development Code and highway design standards ordinances and shall incorporate both bike lanes, ~nd sidewalks and pathways as deemed appropriate in new construction and reconstruction of roadways. Policy 4.7: The County shall incorporate bike lanes in roadway resurfacing projects as is physically possible and will not result in a safety or operational problem. Policy 4.8: The County shall follow the most current bicycle and pedestrian facilities design and construction standards developed by the Florida Department of Transportation to the extent which is physically and safely possible. 18 Words struc~thrcugh are deletions -Words underlined are addition., OBJECTIVE 5: The County will coordinate the Transportation System development process with the Future Land Use Map. NOV 1 9 2002 Policy 5.1: The County Commission will review all rezone requests with consideration of their impact on the overall system, and shall not approve any such request that significantly impacts a roadway segment already operating and/or projected to operate -':'~':....... ......... v..~ ~ ~ at an unacceptable Level of Service unless specific mitigating stipulations are approved. Traffic analyses to determine sienificant nroiect imvact shall usd the foilowin~ to determine the study area: a. On links (roadway se~ments] directly accessed bv the proiect where r~roiect traffic is equal to or exceeds 3% of the adorned LOS standard service volume:::. '! b. For links adiacent to links directly accessed bv the proiect where proiect traffic is up to and including 3% of the adopted LOS standard service volume: c. For all other links the ¢roiect traffic is considered to be siznificant up to the point where it is 5% of the adopted LOS standard service volume. (II) Policy 5.2: dc~c:.ent -~"~ ......Project traffic that is less than 1% of the adooted r~eak hour service volume represents a de minimis impact. Policy 5.3 The County will conduct a Traffic Imoact Vestine Review of all approved residential subdivisions and planned unit developments (PUD] for which final local develor~ment orders have not been issued as of the effective date of this amendment. Within one year. undeveloped PUD's and subdivision developments, which do not have statutory vesting, will be noticed bv the County to submit an aptfiication for certification of transt~ortation imt~act vesting. Certification of Transt)ortation Impact Vestin~ may be issued subseauent to a traffic impact analysis of each aoplication in coniunction with the approval of an enforceable development ac, reement. OBJECTIVE 6: The County shall coordinate the Transportation Element with the plans and programs of the State, Region, and other local jurisdictions. (II) Policy 6.1: The Transportation Element shall incorporate to the greatest degree possible, the Ion of the Collier County Metropolitan Planning Organization. 19 Words ctruckthrcugh are deletions -Words underlined are additio~ NOV 1 9 2002 (II) Policy 6.2: The Transportation Element shall consider any and all applicable roadway plans of the City of Naples, City of Marco Island, Florida Department of Transportation, Southwest Florida Regional Planning Council and Lee County. Policy 6.3: The Transportation Element shall be consistent in its interface into the arterial/collector system within the City of Naples and the City of Marco Island. Policy 6.4: The Transportation Element shall consider the State's adopted Five (5) Year Work Program, the Florida Transportation Plan, and the State Land Development Plan. Policy 6.5 The Collier County MPO's adopted Long Range Plan has identified a need for an interchange at 1-75 and Golden Gate Parkway and a grade separated overpass at Airport Pulling Road and Golden Gate Parkway. ^_ T ..... ~ .... T.,.,;c~0:~. P.e ,vrt ~" ~' ........ .4 ~.., ,~.^ r:,~.:.4~ 1, 1999. , The above nroiects are now in the MPO Transnortation Imr~rovement Proeram ~ ~m~. ~ ....... c:..~ v~. ~;~ ~ ~ ...... u~.~. n ...... alone with the six-lanine of Golden Gate Parkway. The County shall insure that the three ~roiects mentioned above will be fully coordinated in timine and design. OBJECTIVE 7: The County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, as well as encourage safe and convenient on-site traffic circulation. Policy 7.1: ....... ;~. ^~:,~. .... r:-I --.4 ~^,, ............ ' ......;"' Collier County shall apply the standards and criteria of the Access Management Policy as adopted by Resolution and as may be amended to ensure the protection of the arterial and collector system's capacity and integrity. Policy 7.2: The County shall require the submission of a neighborhood traffic impact assessment as a part of all rezone and conditional use applications. This study will analyze the proposed project's impact on surrounding neighborhood streets. Policy 7.3: The County shall implement, through its Zoning Ordinance, the provision of safe and convenient on-site traffic flow and the need for adequate parking for motorized and non-motorized vehicles as a primary objective in review for Planned Unit Developments, Site Development Plans, and other appropriate stages of review in the land development applications process. Policy 7.4: The County shall develop corridor management plansx,'.'"'~ ! .... ....1'" I;'. ...... ~...* ·__..._.--.4 TTo^~o. C'1~.....~.,..,\ that take into consideration urban design and landscaping measures that will promote ~~ development along the major arterial entrances to the urban area. Such plans shall ce int,~o.~~ account the Community Character Plan and the initiatives of Smart Growth as the B ,ard o~ County Commissioners may annually appropriate funding for these plans. 20 Words "* .... t,,~, ..... ~, ............. u,, are deletions -Words underlined are additions NOV 1 9 2002 Policy 7.5 ........ , ......... : ...................... r ................. e :eurce:. The County shall develop Co~idor Access Management Plans. Such plans shall be desired to m~e median modifications and other operational improvements, including removal of traffic sisals, necessa~ to recapture lost capacity and enhance safety. OBJECTIVE 8: The County shall establish and maintain a "Concurrency Management System" for the scheduling, funding, and timely construction of necessary road facilities. Policy 8.1 Each year, the county will use short term projections of previous years' traffic volume growth to estimate the year in which LOS deficiencies will occur on county roads. This information will be used to prepare the annual update of the county's schedule of Capital Improvements Capital .... r .............................. in a manner that ensures the maintenance of concurrency on road facilities. Policy 8.2 Pursuant to Chapter 163.3180 F.$., and in accordance with the Collier County Adequate Public Facilities Ordinance (Land Deveiopment Code Division 3.15), development proposals shall be required to submit traffic impact anah'ses. OBJECTIVE 9: The County shall encourage neighborhood involvement and safe and pleasant conditions for the residents, pedestrians, bicyclists c, nd motorists on neighborhood streets, not classified as arterials or collectors through the impi~:mentation of the Collier County Neighborhood Traffic Management Program (NTMP). Policy 9.1 The County shall incorporate the Neighborhood Traffic Management Program by reference and update as needed. Policy 9.2 The County shall provide for support services, resources and staff to coordinate the Program. Policy 9.3 The County shall encc,~:ragc require, wherever feasible, the interconnection of local streets between developments to facilitate t-he convenient movement throughout the Ic, cal road network. Policy 9.4 The County shall define on a project by project basis, the acceptable amount of rerouted a result of a traffic management project 21 Words ctr'--'c~thrcugh are deletions -Words underlined are additions . OV 1 9 2002 Policy 9.5 The County shall route through traffic to the major roadways designated in the Transportation Element of the Collier County Growth Management Plan. Policy 9.6 The County shall review impacts on emergency vehicle access or response time to neighborhoods. Policy 9.7 Roadways ........... ~ .................... ~ ......................... ....... ~;~;~ ~..~ x~ identified as collector or agefial facilities are not eligible for the ~MP. Policy 9.8 The County shall cm~!cy consider a variety of traffic calming devices to achieve the NTMP'S objectives for a project. Such traffic calming devices shall be planned and designed in conformance with sound engineering and planning practices. Primary funding for such plans shall come from the local fundine initiatives such as MSTUs or MSTBUs for the area to benefit from the traffic calming. Policy 9.9 To implement the NTMP, certain procedures shall be followed in processing neighborhood traffic management requests in accordance with applicable codes and related policies and within the limits of available resources. At a minimum, the procedures shall provide for: submittal of project proposals; evaluation of proposals by staff; citizen participation in plan development and evaluation; methods of temporarily testing traffic management plans when needed; communication of any test results and specific findings to area residents and affected neighborhood organizations before installation of permanent traffic calming devices; and - appropriate County Commission review. OBJECTIVE 10 The County shall encourage safe and efficient mobility for the rural public. Policy 10.1 The County shall develop a program to examine the maintenance and operational needs of the rural roadway system. This program will address the mobility needs of the rural resident to include the availability of roads for rural-to-urban travel, as well as for hurricane evacuation purposes. 22 Words -* .... ~' .....~' are deletions -Words underlined are addil Policy 10.2 The County shall continue to improve transit services for the Transportation Disadvantaged in the rural areas through the Community Transportation Coordinator (CTC). NOV 1 9 2002 )n.~ (II) Policy 10.3 The County shall incorporate herein by reference the Corridor Management Plan for the Tamiami Trail Scenic Highway, which formed part of the application for Scenic Highway designation authorized by the Board of County Commissioners on November 3, 1998. OBJECTIVE 11 The County shall maintain County owned airport facilities as attractive, efficient, safe, and environmentally compatible facilities Policy 11.1 The County shall incorporate by reference the Immokalee Regional Airport, Everglades Airpark, and Marco Island Executive Airport Master Plans. Policy 11.2 The Collier County Airport Authority shall determine the most cost effective and efficient means for implementing future facility plans outlined within the airport master plans. (II) (II) (II) (H) OBJECTIVE 12: The County shall encourage the efficient use of transit services now and in the future. Policy 12.1: The Collier County Metropolitan Planning Organization, through the Transportation Disadvantaged Program shall assist the local community transportation coordinator in the implementation of the most efficient and effective level of service possible for the transportation disadvantaged. Policy 12.2: The County Transportation Division and the Collier County Metropolitan Planning Organization shall coordinate the development and maintenance of transit development plans with the Cc!!i~r ty x~ ...... ~:*~- Planning v.~, Co~:n ....... ~ Florida Department of Transportation. Policy 12.3 Collier Coun _1._. shall be the managing authority of the Collier Area Transit (CAT) system. Policy 12.4: The County shall, in recognition that the potential for public transit service between Bonita Springs in Lee County and Naples exists, consider any intergovernmental efforts necessary. Policy 12.5: The County shall participate in the MPO planning process through an interlocal agreement with the City of Naples and the City of Marco Island, and in a Joint Participation Agreement with the FDOT. A~DA ITE~ ~ NOV 1 9 2002 Words ctruckthr:ugh are deletions -Words underlined are additio~ s P~,.. ~ ~ (II) Policy 12.6: The County will participate in the MPO planning process ~"' ' v~ ma:hr ................... ~ .......... as a voting presence on the MPO Board and the T~hnical Adviso~ Committee (TAC). Policy 12.7: Following the adoption of any transit development plan, the County shall initiate the development of transit right-of-way and corridor protection strategies, including ordinances and policy additions. Policy 12.8: Any adopted transit development plan shall include an acceptable level of service standard for transit facilities. Policy 12.9 The County shall include capital expenditures for any adopted transit development plan in the Capital Improvement Element. Policy 12.10 The County shall incorporate herein by reference the most recent Public Transportation Development Plan and Public Transit Operating Plan adopted by the Board of County Com~ssioners. ch, ,,~ 24 Words ~'' ....~'*~' ..... ~ are deletions -Words underlined are additio .NOV 1 9 2002 TR- t COLLIER COUNTY 2025 LONG RANGE FINANCIALLY FEASIBLE PLAN 25 NOV I 9 20OZ TR- 2 COLLIER COUNTY 2025 LONG RANGE NEEDS PLAN m 2 - Lanes 4 - Lanes 6 - Lanes 8 - Lanes Interchanges Water Bodies Interstate Highway Roads [] US Highway ~ County Boundanj 2 0 2 4 Miles 26 NOV 1 9 20u2 TR- 3 COLLIER COUNTY FUNCTIONAL CLASS MAF MAJOR AIRPORT~ RAILROAD BU~ ROUI'E8 ~ ROA~NVAY MINOR ARTERIAL ~P~ ~AL ~ ~ ~ECTOR ~ ~R ~ECTOR ~ ~T~ 0 2 4 8 12 16 ~ -- Miles x NOV 1 27 Data and Analysis NOV 1 9 2002 * Construction Schedule FY02 FY03 FY04 i~05 1~'06 Description Qtrl CZtr2Qtt3 Qtr4 Qtrl Qtr2 Qt~ Qb'4 Qtrl Qb2 Q(~ Qtr4 Qtft Qb2 Qtr3 Qtr4 Qtrl Q~2 Q t r3 Qtr4 Livingston Rd. Phase II (~n Gate Pkwy. to ~-J Pine Ridge) Livingston Rd. Phase III (Pine Ridge Rd. to Immokalee Rd.) Livingston Rd. Phase IV (Immokalee Rd. to Lee cou~ Line) Golden G~e PI~ (Livin~ Rd. ~o I~h and 60th to Santa Barbara S~d.) Goodlette-Frank Road (Pine Ridge Road to Vanderbilt Beach Road) Vanderbilt Beach Road (Airport Pulling Road to Collier Boulevard) Santa Barbara Boulevard/Logan Blvd. (Davis to Pine Ridge Road) Imrnokalee Road (us 44 to ~-75) County Barn Road (Davis Blvd. to Rattlesnake Hammock Road) Golden Gate Parkway Grade Saparted Overpass (Bear's Pawto LMngston Rd.) : Immokalee Road/I-75 [ Interchange Rattlesnake-Hammock Road(Polly Ave. to Collier Collier Blvd. (~n Gate Blvd. to Immokalee Rd.) 13th Street SW Improvement (16th Ave. SW to Golden Gate Blvd.) Collier Blvd. (Davis Blvd. s. to us 44) C-.-.-.-.-.-.-.-.-m ~ let t e- F r a n k Road (P~e Ridge Road to Golden Gate Pa--y) ' Relxesents actual Construction schedule. Encund)rances of funds and lettings typically 30 to 60 days ~ to ~p construction. Recently Completed Projects: Livingston Rd. Phase I (Radio Rd. to Golden Gate P~'y), Pine Ridge Rd. (Airp~ : Rd..~t~ie~ Blvd.), Irnmokalee Rd. (I-75 to Collier Blvd.), Airport Rd.(Pine Ridge Rd. to Vanderbilt Beach Rd.), Golden Gate 31vd__ 200: Blvd. to Wi.!__~,~. Blvd.). Table 1 Transportation 5 Year Work Program Dollars shown in Thousands) Project Name FY02 FY03~. ~ FY04 FY05 FY 06 SUMMARY OF PROJECTS Amount Amount Amount Amount Amount Amount 7,022 Airport Pulling Rd/VBR to PRR 7,022 C/I 7,864 Golden Gate Blvd/951 -Wilson 7,864 R/C/I 4,809 Pine Ridge Road/Airport-Logan 4,809 ~ Cfi 105 Uvingston Road/GGPKWY-Radio 105 Cfi Immokslee Rd/CR951 - Wilson-43rd 30,900 D/R/M/C 3,675 34,575 Immok Rd/175-CR951 5,306 Cfi 500 D 5,806 Uvingston Road/GGPKWY-PRR 13,094 R/C/I 25 13,119 Livingston ROad/PRR-IMMK 25,918 WC/I 1,260 250 27,428 Golden Gate PkwylAirport-SBB 1,225 D/R/I 14,632 Cfi 15,857 Golden Gate Pkwy Overpass 1,800 29,974 C/I 625 C/I 200 CJI 32,599 Livingston Road N/Immk - Imperial ~ 11,452 D/R/I/C 400 11,852 Vanderbilt Bch Rd/Airport-CR951 2,113 D/R/i 24,384 C/I 500 . Cfi 500 C/I 27,497 mmokelee Rd/US41-175 7,874 :)/FI 27,500 C/I 500 C/I 250 Cfi 36,124 CR951 Collier Blvd./Immk Rd-GG BI~ 250 AM 7,500 C/C 500 C/I 2,700 R 5,005 15,955 Radio Road .Airport. Livingston Rd 25 S 250 AM 275 F./W Uvingston Rd/Old 41-N/S LR 2,500 R 2,500 Goodlette Frank Rd/VBR - PRR 15,473 PJC/I 1,250 250 C/I 16,973 Logan Boulevard/PRR to IMMK 250 S 400 D 4,000 R 4,650 Santa Barbara Blvd/PRR - Davis BIv 4,934 3/R 7,122 30,125 C/I 500 ' 250 42,931 Radio Road Intersection 1,806 C 1,806 Radio Rd -LR-Santa Barbara 25 S 250 S 300 D/M 2,000 C 2,575 Livingston Road Extension TBD 600 D/M/CJI 10,000 R 10,600 CR951 Collier Blvd/Davis Blvd-GGPKWY 1,900 D 1,900 Goodlette Frank Rd/PRR-GGPKWY 200 S 1,000 D 1,200 County Barn Road/Davis - CR864 226 D/R 1,215 PJM 11,300 C/I 250 12,991 Goodlette Frank Rd/Immk-VBR 1,200 D 5,000 R 6,200 Vanderbilt Beach Rd/CR951-Wilson 300 S 3,000 D 3,300 Green Bird Ext Ltv- CR951 400 S 3,500 D 3,900 Immokalee Rd Oil Well to SR29 1,800 S * 3,500 D ' 5,300 VanderbiltDriveWigg-BBR 1,000 D 6,500 R 7,500 Rattlesnake Polly toCR951 6,800 D/M/Cfi 1,100 R 7,900 ;)avis- Radio to CR951 1,100 D * 7,100 R * 8,200 Collier Bird (GGB S to Green Blvd.) 1,100 D 1,500 R 4,700 R 7,300 CR 951 (Davis S to US41 4,600 D/M 4,875 R 14,623 R 37,200 E/C/I 61,298 Goodlette Frank(PRR-GGPKWY) 1,200 D 14,700 F_/C/I 15,900 Green Bird (Collier Blvd - SBB) 600 D/S 970 R 2,930 R 4,500 10% Contingency 3,048 2,241 488 2,485 8,262 Tota~ 144,721 I I 108,061 I I 88,815 I I 55,7°51 I 63,270 I I 478.573 Base Operations & Maintenance Bridge Repairs/Improvements 47 Major Intersection Improvements 971 Intersection Safety/Capacity Impro 1,050 New Traffic Signals 820 Shoulder Safety Program 40 Pathways/Sidewalks Bike Lanes 523 Subtotal Base Operations & Malnten 37401 Impact Fee Credits Threshold I 2,000 Enhanced Operations & Maintenance Major Roadway Reeurfacing/Recol 971 sUbtotal Enhanced O & M 971 Collector Roads/Minor Arterial Ro; 10,148 Advanced ROW 1,090 Total Funding Request Ail Funds 162,331 Total Revenue + Carry Forward ~6,833 New Debt Service Work Plan + Debt Sewice 162,331 BCC Dec. Approved Work Program Variance from Appvd/Revleed Key:. S = Study D = Design M = Mitigation C = Construction 50 50 50 50 1,000 1,000 1,000 1,000 750 750 750 750 750 750 750 750 50 50 50 50 50 50 50 50 2,650 2?650 2,650 2,650 I 2,000 I 2,000 I 2,000 1,000 1 ?000 1,000 1,000 121,311 24,730 5,878 127,189 1,000 1,000 2,000 1,000 .1,000 6,600 6,600 6,600 1 ?000 1,000 1,000 100,065 68,956 96,520 25,120 25,522 25,936 12,484 237106 25,503 112,549 92,062 122,023 247 4,971 4,000 3,820 24O 723 14,001 10,000 4,971 4,971 36,548 5,090 549,183 188,141 66,971 616,154 159,670 106,572 93,490 36,305 50,430 2,681 14,739 6,575 32,651 46,090 = ROW AM = Access Management Advanced Reimbursement E = Exfiltration · ~ 4_4_6_1467 NOV 1 9 2002 AGENDA ITEM..-. · NOV I~L ,,.. ,/O/--/- _ NOV 1 9 2002 NOV 1 9 2002 !! H FI I~1 I~1 I~1 N I I II Ill I I I Ill IN FI N I I Ill ~, ,NOV 1 9 2002 AGENDA ITEM NOV 1 9 ' 2002 EXECUTIVE SUMMARY PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 (CDD2) PURSUANT TO SECTION 190.005, FLORIDA STATUTES. OBJECTIVE: The objective of this public hearing is for the Board to review and consider a petition for the establishment of the Fiddler's Creek CDD2 by adoption of an ordinance. CONSIDERATIONS: On September 5, 2002, DY Land Associates Ltd. filed a petition with Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division, for the establishment of the Fiddler's Creek CDD2. A mandatory $15,000 application fee was submitted with the petition. The proposed District is located entirely within Collier County, Florida. The proposed district covers 999+ acres of land. The site is located in portions of Sections 11, 13, and 14, Township 51 South, Range 26 East, and Section 18, Township 51 South, Range 27 East. A map showing the location of the land area to be serviced by the District appears as Exhibit "1" to the petition. A metes and bounds description of the proposed CDD can be found in Exhibit "2" of the petition. The CDD includes a portion of a previously approved Planned Unit Development (P.U.D.) and Development of Regional Impact (DRI) known as "Fiddler's Creek/Marco Shores." The' proposed CCD2 includes an area planned for approximately 2,087 units and amenities on 999+ acres. As of October 20, 2002, the date of advertising for the establishment of this CDD, no P.U.D. amendment petitions for this project had been filed with Collier County. However, the District Board of Supervisors for the current Fiddler's Creek Community Development District has filed a petition to amend its boundaries, in part to allow for the creation of the second CDD. By adopting the ordinance and granting the petition the Board of County Commissioners would authorize the District, through its Board of Supervisors, to manage and finance certain basic infrastructure for the benefit of the landowners and resi;:nts of this portion of 'the Fiddler's Creek Development. This infrastructure, under section 90.012(1), Florida Statutes, includes basic urban systems, facilities and services: water supply, sewers and wastewater management, surface water control and management (drainage), and roads, bridges and street lights. If adopted, this ordinance would not constitute consent by the County to the further petition for the exercise of certain additional special powers authorized by Section 190.012(2), Florida Statutes. These powers may include the operation of parks and facilities for indoor and outdoor recreational, cultural, and educational uses, as well as security, including, but not limited to, guard-houses, fences and gates, electronic intrusion-detection systems, and patrol cars, with certain exceptions. In order to gain these additional powers, the newly created District Board would need to further petition the Board of County Commissioners at a later date. NOV 1 9 21302 The District Board of Supervisors is initially elected for the first six years of the duration of this district in a property-based election (one-acre, one-vote), which has been specifically ruled constitutional (State of Florida v. Frontier Acres Community Development Dist., 472 So. 2d 455 (Fla. 1985)). By operation of law, in time, the Supervisors are elected on a one-person, one-vote basis. In order to provide the basic systems, facilities and services, the District has certain management and financing powers. It may only exercise those powers, however, if they comply with certain strict and detailed procedural requirements including ethics in government, disclosure, conflict of interest requirements, noticed meetings, government-in-the-sunshine conduct, accounting and reporting requirements to various local and state agencies, consultants' competitive negotiation procedures, competitive bidding procedures and others. The adoption of the CDD ordinance does not constitute a form of development approval. Adoption of the CDD and compliance with these many procedural requirements, does not, in any way, allow the District to manage and finance any of these services and facilities without a showing that all legitimate policies, constraints, authorities, controls, permits or conditions on the development of the land, whether local, regional, state or federal in nature, and whether in the form of policies, laws, rules, regulations or ordinances, have been complied with concerning development of the property. In essence, adoption of the CDD ordinance does not exempt the petitioner from compliance with any applicable local, regional, state or federal permitting or regulatory processes. In this sense, the Community Development District is merely a mechanism to assure the county and the landowners of the district that the provision of infrastructure and services for the P.U.D. is managed and financed in an efficient and economical way. Finally, in order to prevent potential abuses of districts by landowners or by other local governments, the Legislature has provided that the charter of the district, in the general statute itself, may be amended only by the Legislature. In order to provide these systems, facilities and services, the District also is given certain eminent domain powers, within tight constraints, as well as the authority to require service charges, fees or taxes for the various services rendered, ranging from installation of capital facilities to long-term maintenance and repair. Without the County's consent by resolution the aforementioned eminent domain power is limited to the boundaries of the District. The District may also issue revenue and other user bonds as well as f meral obligation bonds. However, no general obligation bonds can be issued without a re: ,.rendum and without a showing that the bond will not exceed 35 percent of the assessedvaluation of the property within the District. Even with these safeguards and constraints, during the first six years of the District's existence, the board of supervisors shall not issue general obligation bonds unless the board first holds elections on a one-person, one-vote basis for a new board of supervisors. Accordingly, if Collier County adopts the ordinance, then it establishes the Fiddler's Creek Community Development District #2, as a management tool to benefit both Collier County's reliable and existing and future landowners with pinpointed responsibility for timely, efficient, flexible service provision without burdening the existing taxpayers and financial NOV 1 (j 2002 Collier County. In addition, the District is also a financing tool, off the balance sheet of the County and the developer. It will provide long-range and sustained quality service to initial and subsequent landowners without burdening Collier County and its taxpayers. Finally, such a District may not outlive its practical utility and usefulness. If it ceases to function it will automatically be disbanded by state law. If at any time during its existence Collier County determines by a non-emergency ordinance that it can provide any one of the district services in a more economical manner, over the long term, at lower cost but with higher quality, Collier County may then take that service away from the district and provide the service itself. Section 190.005, Florida Statutes provides that the exclusive and uniform method for establishment of a CDD of less than 1,000 acres shall be by county ordinance. Section 190.005, Florida Statutes outlines the specific content required in the petition and further outlines six (6) factors for the Board of County Commissioners to consider in determining whether to grant or deny a petition for the establishment of a CDD, as follows: Whether all statements contained within the petition have been found to be true and correct. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. Whether the area that will be served by the district is amenable to separate special-district government. County legal, planning, transportation and public works staffs have reviewed the petition and exhibits submitted by the petitioners (attached) relative to these six (6) factors and have found the proposed Fiddler's Creek CDD2 petition to be compliant with each of the six (6) review factors. Staff analysis relative to the six factors can be found in Attachment 2. FISCAL IMPACT: As previously noted, a $15,000 filing fee was submitted with the petition. Exhibit "7" of the petition, "Statement Of Estimated Regulatory Costs, Fiddler's Creek Community Development District 2" delineates the fiscal impacts and timing of impacts to be managed by the district. It is noteworthy that the estimated internal infrastructure and services to be financed by the Fiddler's Creek CDD2 is $68,441,000, consisting of roadway construction, utilities work, earthwork and land cleating, stormwater management, roadway lighting, landscaping, securil t NOV ! 9 2002 wetland mitigation/monitoring, offsite improvements and contingencies. Utilities will eventually be turned over to Collier County. DISTRICT RESPONSIBILITIES: According to the petition, the Fiddler's Creek Community Development District #2, if the ordinance is adopted, will assume responsibility for the following: (1) (2) (3) (4) (5) (6) (7) (8) (9) General development of the approved uses within the District; Roadways; Street Lights; Stormwater Management; ~, Water & Sewer Utilities; \ · '~ Earthwork and Land Cleanng for development; Landscaping; Wetland Permitting & Mitigation; and Other matt~s related to the above tasks. GROWTH MANAGEMENT IMPACT: The 999+ acres of the Fiddler's Creek CDD2 lies within the Urban Coastal Fringe and Urban Residential Fringe Sub-district designations on the Collier County Future Land Use Map. Although the establishment of this district does not constitute any development approval, the plan of development previously approved for the subject property has been determined to be consistent with the Collier County Growth Management Plan (GMP). Accordingly, any future petitions for rezone or development permits will be subsequently reviewed at the time of submittal, and will be subject to the requirements and limitations specified in the Collier County Land Development Code (LDC), and will be required to be consistent with the GMP in effect at that time. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt and enact the proposed ordinance establishing the Fiddler's Creek Community Development District #2 Attachments: 1) 2) 3) 4) 5) General CDD Information Staff Analysis Of The Six CDD Factors Draft Ordinance with Exhibit A CDD Petition & Exhibits Petitioner's Sufficiency Information 4 NOV 1 9 20O2 Pl. ~ PREPARED BY GLENN E. HEATH, AICP PRINCIPAL PLANNER STAN LITSINGER, ~ICP COMPREHENSIVE PLANNING MANAGER PATRICK WHITE '--A~..SIS~TANT COUNTY ATTORNEY MARG/~R}gT WOERS;I'LE PLAN I~G SERVICES DEPARTMENT DIRECTOR APPROVED BY: J/O~EPH SCHi~IiTT, ADMIniSTRATOR SVCS. C~da~,~M.~ cM~Nc~T~ EDxEsuVjj^ ~N¥~ghENVIRONMENTAL DATE DATE DATE DATE 5 NOV I 9 2002 BACKUP INFORMATION FOR COMMUNITY DEVELOPMENT DISTRICTS Community Development Districts (CDDs) are a financial mechanism designed for the purpose of providing community infrastructure, basic services and necessary facilities, along with operation and maintenance, to planned residential communities. Formation of a CDD places all property owners within the subject development under the jurisdiction of the CDD. CDD FACTS CDDs are not a form of development approval, and do not serve to permit construction. In fact, the subject development is generally approved prior to submittal of a CDD petition. The formation and operation of community development districts is governed through provisions contained in Section 190, Florida Statutes. The State Legislature must approve proposed districts comprising 1,000 acres of land (or more). However, the local government having jurisdiction within the project area may approve districts of less than 1,000 acres. A request to establish a CDD is made through a petition that specifically addresses the criteria under Section 190, F.S. The local government (in this case the Collier County Board of County Commissioners) grants the petition through adoption of an ordinance that establishes the Community Development District. The primary purpose of a CDD is to provide a long-term financing mechanism for community infrastructure and services, through the following mechanisms: 1. Tax Assessments 2. Ad Valorem Taxation 3. Bond Issues. CDDs are managed through an elected District Board of Supervisors. The Board of Supervisors may hire staff, enter into leases and contracts, sign interlocal agreements with other local governments, and manage financial affairs related to its functions. The provisions of the Florida Sunshine Law govern CDD Boards of Supervisors. CDDs are not general-purpose local governments, do not have home rule power, and do not assume any powers of regular local governments. However, at the option of the local government, a CDD may assume certain additional powers, such as provis~ ~n of security, mosquito control, and park operations. No.~. t1~ NOV 1 2002 CDDs must disclose their existence and the resulting financial impacts to lot purchasers and/or landowners within the subject area, through sales contracts and public notices. Under Florida Law, individual lot and parcel owners are indemnified from any liens or foreclosures due to default of the CDD on its debt instruments. When and if the population of the CDD area reaches 5,000, a referendum on whether to incorporate is required. However, if an affirmative vote results, no automatic incorporation occurs, and no new city results (at least immediately) thereby. CDD incorporation into a new city is governed by the procedures, requirements and limitations contained in Section 165.061, and Section 165.241, Florida Statutes. These are the same statutes that govern the incorporation of any other area into a local government. Section 190, Florida Statutes, which governs the formation and operation of CDDs, also contains specific criteria for the disbanding of CDDs once they have outlived their usefulness. If at any time during the CDD's existence Collier County determines, by a non-emergency ordinance, that the County can provide any one of the district services in a more economical manner, over the long term, at lower cost but with higher quality, Collier County may then take that service away from the district and provide the service itself. Section 190.005, Florida Statutes outlines the specific content required in the petition and further outlines six (6) factors for the local government to consider in determining whether to grant or deny a petition for the establishment of a CDD, as follows: 2. 3. 4. 5. The truthfulness of statements within the petition. Consistency of the petition with the state comprehensive plan or of the effective local government comprehensive plan. Does the size, compactness and contiguity of the proposed district allow it to be developable as one functional interrelated community? Is the district the best available alternative for delivering community development services and facilities to the subject area? Are the proposed community development services and facilities 6f the district incompatible with the capacity and uses of existing local and regional community facilities and services? Is the area to be served by the district amenable to separate special-district government? Collier County legal, planning, tranSportation and public works staffs review all CDD petitions and exhibits submitted by the petitioners relative to these six (6) factors. Staffs make a recommendation to the Board of County Commissioners for either approval or ~4,,~,;~ ~,.,~o,~ upon the petitioner's compliance with the six factors. NOV The Collier County Comprehensive Planning Section prepared this item for use by the Board of County Commissioners, when considering approval of a CDD petition. NOV 1 g 2002 ,~. co ATTACHMENT 2 STAFF ANALYSIS RELATIVE TO THE SIX (6) FACTORS FOR COMMUNITY DEVELOPMENT DISTRICT FORMATION FOR FIDDLER'S CREEK CDD #2 Background: Section 190.005, Florida Statutes, outlines the specific content required in a Community Development District (CDD) petition and further outlines six (6) factors for the Board of County Commissioners to consider in det~rmining whether to grant or deny a petition for .the establishment of a CDD, as follows: ~ Whet~er all statements contained within the petition have been found to be true and c~rrect. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. Whether the area that will be served by the district is amenable to separate special-district government. Comprehensive Planning staff has reviewed the six factors referenced above and makes the following findings with regard to the proposed Fiddler's Creek Community Development District #2: Whether all statements contained within the petition have been found to be true and correct. Comprehensive Planning Section staff, along with the staffs of the County Attorney's Office, the Utilities Engineering Department and the Transportation Planning Department, has reviewed the referenced Community Development District petition, and has also submitted additional sufficiency questions to the petitioner (see Attachment 4). Based upon the review of the petition and sufficiency information, staff believes that the information found within these documents is substantially true and correct. NOV 1 9 2002 t Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. The Fiddler's Creek P.U.D. is a portion of the approved Marco Shores Development of Regional Impact (DRI) originally approved by the Board of County Commissioners in 1984. The Fiddler's Creek portion of Marco Shores was approved and subsequently amended during the 1990s. As part of the approval process, the developments were found to be consistent with the Growth Management Plans in effect at that time. The entire P.U.D. lies within the Urban Coastal Fringe and Urban Residential Fringe Sub-district designations on the Collier County Future Land Use Map, as does the CDD. The CDD is a unit of local government established specifically for the purpose of carrying out the approved Master Development Plan and commitments of the Fiddler's Creek P.U.D./DRI. The CDD does not authorize any form or amount of development not previously approved by the Board of County Commissioners. Therefore, staff finds that the establishment of the CDD is consi~;tent with the Collier County Growth Management Plan. As to consistency with the State Comprehensive Plan, the County staff notes that the CDD process is established within Section 190 of the Florida Statutes. The petitioner has not deviated from the standard process, as established by the Statute. Section 187.201, Florida Statutes, contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for Governmental Efficiency, which reads as follows: "Goal. --Florida governments shall economically and efficiently provide the amount and quality of services required by the public." Policy 2 within this goal area reads as follows: "2. Allow the creation of independent special taxing districts which have uniform general law standards and procedures and do not overburden other governments and their taxpayers while preventing the proliferation of independent special taxing districts which do not meet these standards." As an "independent special taxing district", the proposed CDD is consistent with the State Compreher. sive ' 'lan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. The proposed Fiddler's Creek Community Development District #2, if approved, will be one of the County's larger CDDs (999+ acres). However, the previously approved Fiddler's Creek CDD (4,271+ acres) was larger still. The BCC has previously approved other large CDDs, such as: Lely Egret CDD (2,893+ acres) No,~'~ Ill~C' NOV 1 9 2OO2 2 Pelican Marsh (2,075 + acres), and Mediterra South/Expansion (1,113+ acres). Based upon this previous experience and the subsequent success of these CDDs, Comprehensive Planning Section staff believes that the Fiddler's Creek Community Development District #2 meets the above criteria. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. As noted within Exhibit 8 of the CDD petition, there are numerous alternatives available for the provision of infrastructure and services by and for an approved development. These include, but are not limited to the following: private funding procured by the developer; establishment of a homeowners association; establishment of a Municipal Services Taxing Unit (MSTU); establishment of a Municipal Services Benefit Unit; establishment of a Community Improvement District (limited to drainage and irrig~ation related improvements); establishment of a County- managed special purpose district', or, direct County management. All of these alternative options have various legal, financial or other limitations on their operations or do not provide a focused, compact approach to the provisi~n of infrastructure and services. Therefore, staff finds that establishment of the proposed CDD is the best alternative available for delivering community development services and facilities :o thc area that will be served by the proposed district. Whether the communit) development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. The proposed CDD cannot devcic, p any facilities and services that are incompatible with the surrounding area. This is beca~se the CDD's sole purpose is to implement conditions and developer commitments that were part of the original P.U.D. and DRI approvals. The District Board of Supervisors will not have the legal authority to implement any facilities, services or development that would be inconsistent with its existing development approvals. e Whether the area that wi!! be served by the district is amenable to separate special- district government. Based upon staff findings cot :erning the previous five criteria, Comprehensive Planning Section staff finds that the subject arc . for the proposed CDD is amenable to special district government. Furthermore, staff recommends that the Board of County Commissioners adopt the Ordinance, as contained in Attachment 1, establishing the Fiddler's Creek Community Development District #2. 3 NOV 1 9 2002 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ORDINANCE PURSUANT TO SECTION 190.005(2), FLORIDA STATUTES, TO ESTABLISH ON THE PROPOSED PROPERTY THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT/42 / PETITION FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT DY Land Associates Ltd., ("Petitioner"), by and through its undersigned attorney petitions the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Commission") to adopt an ordinance establishing on proposed property a uniform community development district pursuant to the Uniform Community Development District Act of Florida, Section 190, Florida Statutes, (1997), as amended, and to designate the proposed land area within which the District may manage and finance basic infrastructure, systems, facilities and services. In support thereof, Petitioner submits: 1. Petitioner, DY Land Associates Ltd. is a limited partnership Company for which Fiddler's Creek LLC is the Managing Mere ,er with its principal place of business at 3470 Club Center Blvd., Naples, FL 34114-0816 and whose Agent is Mark P. Strain. 2. The land area proposed to be served by the District is in Collier County. The land area is bounded on the north by agricultural, residential and roadway; the south by future residential and NOV 1 9 2002 agricultural; on the east by residential and agricultural; and the west by residential, agricultural and public school; and comprises approximately 998.794 contiguous acres. A map showing the location of the land area to be serviced by the District is attached as Exhibit "1". 3. A metes and bounds legal description of the external boundaries of the District is attached as Exhibit "2". Pursuant to section 190.005(1)(a), FS., an approximately 10 acre parcel is not owned by the Petitioner and is within the external boundaries of the District; the impact of the District on this property is not adverse. 4. Attached as Exhibit "3" is documentation constituting written consent to the establishment of the District by the owners of 100% of the real property to be included in the land to be serviced by the District. 5. The five (5) persons designated to serve as the initial members of the Board of Supervisors of the District, who shall serve in that office until replaced by elected members, as provided in Section 190.006, Florida Statutes, are: (1) whose address is: (2) whose address is: 3) whose address is: (4) whose address is: (5) whose address is: Rhea Riegelhaupt 6001 Pelican Bay Blvd.; Unit 1206; Naples, Fl. 34108 Arthur Woodward 1136 Edington Place, Marco Island; Florida 34145 Clifford (Chip) Olson 1020 Goodlette Rd.; Suite 200; Na les, F1 34102 Randy Byrnes 2587 Half Moon Walk; Naples, Fl. 34102 George Schmelzle 1119 Augusta Falls Way; Naples, Fl. 34119-1362 2 NOV 1 9 2002 6. The name of the District is the Fiddler's Creek Community Development District #2. 7. A map of the District showing current major trunk water mains and sewer interceptors, utilities and outfalls, if any, is attached as Exhibit "4". 8. The proposed timetables and estimate of related costs of construction and provision of District services and facilities which are contemplated by Petitioners and which may be proposed to the District Board of Supervisors, based upon available data and which are subject to change, is attached as Exhibit "5". 9. Collier County has adopted all mandatory elements of its Local Government Comprehensive Plan known as the Collier Comprehensive Plan, found in County Ordinance No."89- 05", as amended, in accordance with requirements of the Local Government Comprehensive Planning and Land Development Regulation Act of 1985, as amended in 1986, and Collier County has completed its revised plan for minimum criterion review pursuant to Rule 9J-5, Florida Administrative Code, by Ordinance No."92-34" and "95-12", as amended, currently in effect. A copy of the entire Collier Comprehensive Plan, as amended, is within the possession of Collier County and its staff and a copy of only the future land use page is attached as Exhibit "6." 10. A Statement of Estimated Regulatory Costs of the granting by the Commission of this Petition, and the establishment of the District pursuant thereto, in accordance with section 190.005(1), Florida Statutes, and Rule 42-l. 008(1)(c), Florida Administ ~tive Code, is attached as Exhibit "7". 11. Petiti~oner attaches, as Exhibit "8" to this Petition, discussions by qualified engineers and planners providing information for use by the Collier County and its staff in consideration of the six AGENDA ITE~ NOV 1 2002 factors for establishment of the District on the proposed property, and in support of the Commission granting this Petition, and as additional materials in support of the statements in this Petition, alleges (with the sequence discussed logically with factor No. 4 considered last): A. The Petition hereby affirms that all of the statements contained herein are tree and correct, in compliance with sections 190.005(2)(a), FS., 190.005(1)(e) 1., FS. (See Exhibit "8"). B. As according to tl~e Future Land Use element of the Plan, the future land use designation for the land area proposed to be included in the District is "urban coastal fringe sub- district". (See Exhibit "8"). The District, if established on the proposed property, would not be inconsistent (and in fact, is consistent) with the Plan. For a further discussion on these matters and related applicable Plan matters and also the State Comprehensive Plan, please reference Exhibit "8". See s. 190.005(2)(a), FS., 190.005(1)(e)2., F.S. C. The land area proposed to be included within the state-created and chartered District is comprised of approximately 998.794 contiguous acres which are of sufficient size, sufficiently compact and contiguous sufficiently to be developable as one functional, interrelated community as discussed in Exhibit "8". See s. 190.005(2)(a), FS., 190.005(1)(e)3., FS. D. The community development systems, facilities and services to be provided by the District on the proposed property will supplement, and will not in any way be incompatible with, existing roads and other local and regional community development systems, fa¢ilitie and services on the proposed property. This matter is described further in Exhibit "8". See s. 190.005(2)(a), FS., 190.005 (1)(e)5., FS. E. The area proposed to be served by the District is amenable to separate special 4 1 9 200 district government in the light of the information to be considered regarding the other factors. This matter is described further in Exhibit "8". See s. 190.005(2)(a), FS., 190.005(1)(e)6, F.S. F. Because the information in the Petition is true and correct; because establishment is not inconsistent with applicable local or state comprehensive plans; because the land area is of sufficient size and compactness, and is contiguous sufficiently, to be developable as one functional. interrelated community; because the systems, facilities and services of the District will not be incompatible with the capacity and uses of existing local and regional community development systems, facilities and services; because the land area proposed to be served by the District is amenable to separate special district government; and because, if established on the proposed property, following the procedures in s. 190.005(2), F.S., the District will constitute under s. 190.002(1)(b), F.S. a mechanism for timely, efficient, effective, responsive and economic delivery of its systems, facilities and services; the District is, therefore, the best alternative available for delivering these systems, facilities and services to the proposed property in light of the services, systems and facilities which would be provided otherwise as discussed in more detail in Exhibit "8". See s. 190.005(2)(a), FS., 190.005(1)(e)4, F.S. 12. Petitioner acknowledges certain legal and policy points regarding the Collier County Water-Sewer District and related matters, as set forth in the official Acknowledgment attached to the Petition as Exhibit "9", and incorporated herein. Petitioner contemplates a petit!on 't)y tb District, once established, to obtain consent of the Commission as provided by Section 190.012(2), Florida Statutes,~to exercise some or all the powers provided therein. NOV 1 9 2.002 WHEREFORE, Petitioner requests the Commission respectfully to: A. Direct its staffto notice, as soon as practicable, a local public non-emergency and information- gathering and ordinance-enactment hearing pursuant to the requirements of Section 190.005(2)(c), Florida Statutes, on the subject of whether to grant the petition for the establishment of the Fiddler's Creek Community Development District #2, and to enact the ordinance to establish the District, on the proposed property. B. Grant the petition and adopt the ordinance to establish the District; designate the land area to be served by the District; designate the name of the District; designate the initial Board of Supervisors of the District; recognize the impending petition to allow the District to exercise powers under Section 190.012(2), Florida Statutes; and finally provide that, with regard to any future specific consent by the county to exercise any other powers which may be authorized by general law, the legal existence and authority of the District shall have already been decided by this ordinance. Respectfully submitted this 30th day of August, 2002. 3470 Club ?nter Blvd//~ Naples, FL ~4114-0~6/ Young, van Assenderp & Vffrnadoe, P.A. 225 S. Adams Street, Suite 200 Tallahassee, Florida 32301 (850) 222-7206 Fla. Bar No. 158829 Attorneys for Petitioner. 6 NOV 1 9 2002 CERTIFICATE OF SERVICE I HEREBY CERTIFY a copy of the foregoing was furnished this 30th day of August, 2002, by Federal Express to DAVID C. WEIGEL, Collier County Attorney, Collier County Attorney's Office, 3301 East Tamiami Trail, Naples, FL 34112 and HEIDI ASHTON~llier County // Attorney's Office, 3301 East Tamiami Trail, Saples~ //~~ ~ Ydung, van Assenderp, ~amadoe, and Anderson, P.A. 225 S. Adams Street, Suite 200 Tallahassee, Florida 32301 (850) 222-7206 Fla. Bar No. 158829 Attorney for Petitioner K:\UserskKfolden'd:IDDLERS CREEK'Petition to establish.wpd AGENDA I*~ NOV 1 9 2002 EXIIIBIT "1" E 4 S.R. 951 COLLIER BOULEVARD FIDDLER'S CREEK COMMUNITY DEVELOPMENT g50 Encore Way Naplee, FL $4110 Phone: (941) 254-2000 Florida Cer'flfloofe of Authorization No.1772 DISTRICT 2 LOCATION MAP 2002 I ~ BY: PROJECT W.T.C./I:'.F. 98.70 CDD2 [X-;i I"'%/o~ "" ~'~'1 i I~iiiiiiiiiiiiiiiiiiii Exhibit "3-A" LANDOWNER'S CONSENT TO ESTABLISHMENT OF DISTRICT GB Peninsula Ltd, by and through its general partner, GB Peninsula, Inc., a Florida corporation, with its principal place of business at 3470 Club Center Boulevard, Naples, Florida 34114-0816; is the owner or. controller of certain property located in Collier County and more particularly described as follows: See Exhibits "1" & "2" of the "Petition to Establish the Fiddler's Creek #2 Community Development District" incorporated herein by reference. By signing below GB Peninsula, Ltd., as owner, or controller of 100% of the proposed land as set forth on Exhibit" ." to be included in the FIDDLER'S CREEK #2 COMMUNITY DEVELOPMENT DISTRiCT'("District"), as evidenced in the deed records of Collier County and/or as evidenced by documentation attached hereto and incorporated herein by reference, hereby gives full consent to the establishment of the District by Collier County ordinance in accordance with section 190.005, Florida Statutes, and consents to the inclusion of its property within the proposed boundaries of said District. IN WITNESS WHEREOF, I hereunto set my hand on this ( ri ~q- day of ~"bc~ , 2002. GB Peninsula, Ltd., a Florida Limited Partnership By: GB Peninsula, general partner By: Inc., ¢/- Ferr indivCually ~ a Florida corporation, its and not STATE OF FLORIDA COUNTY OF COLLIER The fore :oing instrument was acknowledged before me this ] ~'. day of'~0'~e--- 2002, by Aubrey J. Ferrao, President of GB Peninsula, Inc., as general partner of GB Peninsula, Ltd. Personally known ~ Produced Identification ~ Type ofldentificatio~ Produced Notar~ Public My commission expires: AC~.J~A I~ NOV 1 2oo Exhibit "3-C" LANDOWNER'S CONSENT TO ESTABLISHMENT OF DISTRICT 951 Land Holdings, Ltd., by and through its authorized representative, Aubrey J. Ferrao, attorney-in-fact, with its principal place of business at 3470 Club Center Boulevard, Naples, Florida 34114-0816, is the owner or controller of certain property located in Collier County and more particularly described as follows: See Exhibits "1" & "2" of the "Petition to Establish the Fiddler's Creek #2 Community Development District" incorporated herein by reference. By signing below 951 Land Holdings, Ltd., as owner, or controller of 100% of the proposed land set forth on Exhibit" "to be included in the FIDDLER'S CREEK #2 COMMUNITY DEVELOPMENT DISTRICT ("District"), as evidenced in the deed records of Collier County and/or as evidenced by documentation attached hereto and incorporated herein by reference, hereby gives full consent to the establishment of the District by Collier County ordinance in accordance with sect/on 190.005, Florida Statutes, and consents to the inclusion of its property within the proposed boundaries of said District. IN WITNESS WHEREOF, I hereunto set my hand on this IQ-B`. day of ~ , 2002. 951 Land Holdings, Ltd., a Florida Limited Partnership Aubre,)/J. Ferra~, attorney-in-fact, and/lot individu{illy, pursuant to that Power of Attorney and Appointment of Attorney-in-Fact, recorded in O.R. Book 2863, Page 26, Public Records of Collier County, Florida. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instru aent was acknowledged before me this t"l'5'x' day of ~-~_. ., 2002, by Aubrey J. Ferrao, attorney-in-fact. Personally Known ~. Produced Identification Type of Identification Produced ' I ~,o;~ PUmmibJ};ner expires' Exhibit "3-C" LANDOWNER'S CONSENT TO ESTABLISHMENT OF DISTRICT DY Land Associates, Ltd., by and through its authorized representative, Auhrey J. Ferrao, attorney-in-fact, with its principal place of business at 3470 Club Center Boulevard, Naples, Florida 34114-0816, is the owner or controller of certain property located in Collier County and more particularly described as follows: See Exhibits "1" & "2" of the "Petition to Establish the Fiddler's Creek #2 Community Development District" incorporated herein by reference. By signing below DY Land Associates, Ltd., as owner, or controller of 100% of the proposed land set forth on Exhibit" "to be included in the FIDDLER'S CREEK #2 COMMUNITY DEVELOPMENT DISTRI----~T ("District"), as evidenced in the deed records of Collier County and/or as evidenced by documentation attached hereto and incorporated herein by reference, hereby gives full consent to the establishment of the District by Collier County ordinance in accordance with section 190.005, Florida Statutes, and consents to the inclusion of its property within the proposed boundaries of said District. IN WITNESS WHEREOF, I hereunto set my hand on this [ Q-~x_ day of ~0,~,1'~,........, 2002. DY Land Associates, Ltd., a Florida Limited Partnership ~. By: V~t Aubrey~. Ferrao,/~ttorney-in'fact, and no~individual'ry, pursuant to that Power of Attorney and Appointment of Attorney-in-Fact, recorded in O.R. Book '~oH~..., Page 2.'.4'l. 7..., Public Records of Collier County, Florida. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this I~%'' day of ~'o, ~ , 2002, by Aubrey J. Ferrao, attorney-in-fact. · Personally Known X Produced Identification Type of Identification Produced Notary Public My commissioner expires: NOV 1 2002 EXHIBIT "4" COMMUNITY DEVELOPMENT DL~___~ '-_ O0 uj~- I-.- uj IJ.i RI Orr tl.I J [ 7.4'zLV. rIOD ~.~FITOD jl° i .¥'9..LIBIH) I If ,I, III/ III J . _. o ~LI.I,III 1.1,t,1,1 I,t Ill~ STATEMENT OF ESTIMATED REGULATORY COSTS Fiddler's Creek Community Development District 2 1.0 1.1 1.2 1.3 Introduction Purpose and Scope This statement of estimated regulatory costs ("SERC") supports the petition to form the Fiddler's Creek Community Development District 2 ("District"). The District comprises approximately 999 acres of land on which 2,087 dwelling units are planned for development. The District would provide infrastructure and community services to the District as described more fully below. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d), F.S. (governing District establishment) as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and financin~ the service delivery function of the district, so that any matter concerning permitting or planning of the development is rlot material or relevant (emphasis added)." Overview of the Fiddler's Creek Community Development District 2 The District provides community infrastructure, services, and facilities along with their operations and maintenance, to a portion of the Fiddler's Creek community ("Development") under development by Gulf Bay ("Developer"). Fiddler's Creek is a luxury, master planned, community consisting of over 2,000 acres. The Development includes golf courses, clubhouses, a beach club, marina and yacht center, and other amenities designed to serve a community of more than 3,000 dwelling units. The State established the Fiddler's Creek Community Development District 1 to serve a portion of the Development that is nearing its full development. District 2 will serve the next area in the Development with infrastructure and community services. Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (1997), defines the elements a statement of estimated regulatory costs must contain: "(a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. ~,~^ ~% 1 NOV 1 9 200?. 2.0 (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. Orange City is not defined as a small City for purposes of this requirement. (e) Any additional information that the agency determines may be useful. (f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule." A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. As noted above, the District will provide infrastructure and community services to a portion of the Development comprising approximately 2,087 dwelling units covering some 999 acres, All of the ultimate property owners in the District will be required to comply with District rules and their properties will be encumbered with District obligations to pay for infrastructure and operations and maintenance expenses incurred by the Distdct to the special benefit of the property. Of course prior to the sell out of the real estate all of the undeveloped land owned by the Developer and any other landowner will also be under the jurisdiction of .the District. , NOV 1 9 2Ob, 3.0 3.1 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues. Costs to Governmental Agencies of Implementing and Enforcing Ordinance State Governmental Entities The cost to State entities to review or enforce the proposed ordinance will be very modest. Since the District comprises less than 1,000 acres, Collier County is the reviewing agency for the petition. There are only modest additional ongoing costs to various State entities to implement and enforce the proposed ordinance. If established, the District, a special purpose unit of local government, will function. The District is required to file various reports to the State of Florida, the Department of Community Affairs and other agencies of the State. The filing requirements are outlined in Appendix A. The cost to the State and its various departments to process additional reports filed by the District will be very small since the State already collects these reports from numerous other units of government. The addition of one more set of reports will have very little cost impact. Finally, the District must pay a small annual filing fee to the Department of Community Affairs to help offset the costs to the State from the additional paperwork. The proposal for form the Fiddler's Creek Community Development District 2 will require the County to review the petition and its supporting exhibits. In addition, the County may choose to hold a public hearing to discuss the petition and to take public input. These activities will absorb staff time and time of the County Commission. However, these costs are very modest at most for the following reasons. First, the review of this petition to establish the District does not include an analysis of the Development itself. In fact, such a review of the Project is prohibited by statute. Second, the petition contains all of the information necessary for its review. Third, Collier County already has all of the staff necessary to review the petition. Fourth, no capital costs are involved in the review. Fifth, Collier County routinely processes similar petitions for land use and zoning changes that are far more complicated than this petitibn to form the District. Finally, the filing fee will offset these costs. Collier County will incur only a small additional annual cost if this petition is approved. The District would be an independent unit of local government, so the District is responsible for its own budget, reporting, and the full conduct of its powers within its boundaries. The District will provide the County with each year, but no County action is required. NOV 1 9 2O02 3.2 Impact on State and Local Revenues 4.0 Adoption of the proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the development. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the CDD to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any unit of local government. By State law debts of the CDD are strictly its own responsibility. A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. The Fiddler's Creek Community Development District 2 will provide various community facilities and services to the property in the District, as outlined in Table 1. The District may fund, own, operate and maintain all of the community's infrastructure facilities except for the utility system. Once constructed the water distribution system and the waste water collection system will be dedicated to Collier County's utility system. Table 1, Fiddler's Creek Community Development District 2 Community Development Proposed Facilities and Services FACILITY FUNDED O&M BY OWNERSHIP BY Roads CDD CDD CDD Streetlights CDD CDD CDD Drainage CDD CDD CDD WatedSewer Utilities CDD County Couhty Landscape CDD CDD CDD The petitioner has estimated the costs for providing the capital facilities outlined in Table 1. The cost estimates are shown in Table 2 below. Total costs for these facilities are estimated to be approximately $68,441,000. To fund this construction program the Distdct may issue special assessment or other revenue bonds estimated to total $90,000,000. These would be repaid through non-ad valorem assessments levied on all properties in the District that mc ~ · - ~A~,j~A IT. 4 NOV 1 9 2002 special benefit from the District's capital improvement program as outlined in Table 2. Table 2. Summary of Estimated Capital Costs for Fiddler's Creek Community Development District 2 Construction Schedule 2003 2004 2005 2007 Phase 1 Phase 2 Phase 3 Phase 4 TOTALS Roadway Utilities Earthwork & Clearing Stormwater Management Roadway Lighting Landscaping Security Wetland Mitigation & Monitoring Off-Site Improvements Contingencies GRAND TOTALS $3,001,000 $764,000 $1,828,000 $2,008,000' $7,601,000 $3,114,000 $899,000 $2,971,000 $1,845,000 $8,829,000 $9,562,000 $6,104,000 $7,111,000 $7,762,000 $30,539,000 $702,000 $807,000 $542,000 $512,000 $2,563,000 $427,000 $168,000 $408,000 $321,000 $1,324,000 $2,650,000 $1,453,000 $3,736,000 $1,817,000 $9,656,000 $0 $368,000 $368,000 $0 $736,000 $73,000 $41,000 $49,000 $59,000 $222,000 $0 $374,000 $374,000 $0 $748,000 $1,953,000 $1,098,000 $1,739,000 $1,433,000 $6,223,000 $21,482,000 $12,076,000 $19,126,000 $15,757,000 $68,441,000 Prospective future landowners in the District may be required to pay non-ad valorem assessments levied by the District to' provide special benefit to the property from infrastructure and to secure the debt incurred through bond issuance. In addition to the levy of non-ad valorem assessments for debt service, the District may also levy a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services which provide special benefit to the property. It is important to note that the various costs outlined in Table 2 are typical for developments of the type contemplated here. In other words, there is nothing peculiar about the District's infrastructure management and related financing that requires additional infrastructure over and above what would normally be needed. ~ Therefore, these costs are not in addition to normal development costs. Instead, the facilities and services provided by the District are substituting in part for developer-provided infrastructure and facilities. Along these same lines, District-imposed assessments for operations and maintenance costs are similar to what would be charged in any event by a property owners a ;.~ricintinn common to most master panned developments, ~o.c~~ ~'~ 5 NOV I 9 2002 Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the operations and maintenance charges must also be in line with the competition. Furthermore, locating in the District by new residents is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the District's costs in tradeoff for the benefits that the District provides. The District is an alternative means to manage necessary community services with related financing c~oability. District financing is no more expensive, and often less expensive, th~n the alternatives of a municipal service benefit unit (MSBU), a neighborhood association, County provision (directly or via a depender~ special district), or through developer-bank loans. 5.0 6.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be no impact on small businesses because of the establishment of the proposed District. If anything, the impact may be positive. This is because the District must competitively bid certain of its contracts. This affords small businesses the opportunity to bid on District work. The development is located in Collier County. As of the latest Census date, the 2000 Census, Collier County has a population of more than 75,000. Therefore, the proposed District is not located in a county defined as a "small" according to Section 120.52, F.S. Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. Finally, it is useful to reflect upon the question of whether the establishment of of the Disti'ict is the best alternative to provide community facilities and services to the Development. As an alternative to the District, the County could approve a dependent special district for the area, such as an MSBU or a special taxing district under Chapter 170, F.S. Either of these alternatives could finance the improvements contemplated in Table 2 in a fashion similar to the~' ._ District. NOV 19 200;) However, in the case of establishing the District this would be awkward at best. This is because the area to be served is adjacent to the existing Fiddler's Creek Community Development District 1, and the land in the District is a part of the overall Fiddler's Creek Devetopment. Furthermore, unlike the District the alternatives would require the County to continue to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be sequestered to the land directly benefiting from them, as the case would be with the District. Administering a project of the size and scale contemplated herein would make little sense. A District also is preferable from a government accountability perspective. With a District as proposed, residents and renters in the District would have a focused unit of government under their direct control. The District can then be more responsive to resident needs without disrupting other County responsibilities. Another alternative to the District would be for the developer to provide the infrastructure and to use a property owners association (POA) for operations and maintenance of community facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA a District can levy and arrange for collection of its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Second, the District is a unit of local government. Therefore, unlike the POA the District must abide by all other governmental rules and regulations. Fishkind & Associates certifies that this SERC meets the requirements for a SEF'C as set out in Chapter 120.541, F.S. We have developed over 25 SERCs. Below is a listing of some of these. · Urban Orlando Community Development District · Marshall Creek Community Development District · Cedar Hammock Community Development District · Meditera Community Development District · 3rooks Community Development District · 3elican Marsh Community Development District · Pelican Landing Community Development District · Fiddler's Creek Community Development District 1 APPENDIX A LIST OF REPORTING REQUIREMENTS REPORT Annual Financial Audit Annual Financial Report (AFR) TRIM Compliance Report Form 1 - Limited Financial Disclosure Public Depositor Proposed Budget Public Facilities Report Public Meetings Schedule Bond Report Registered Agent FLORIDA STATUTE CITE 11.45 218.32 200.068 112.3144 215 218.34 189.415 189.417 218.38 189.417 DATE 12 months after end of fiscal year by March 31 130 days after by July 1 by November 15 by September 1 March 1 beginning of fiscal year When issued 30 Days after NOV I FIDDLER'S CREEK COMMUNITY DE~LOPMENT DISTRICT 2 Engineering Considerations Establishment of Fiddler' s Creek Community Development District 2 My name is W. Terry_ Cole. By profession I am a Professional Engineer registered in the State of Florida. Attached is my resume. My job is to raise and discuss engineering aspects and consequences of proposed new community development projects in general, and the various alternatives for the delivery of basic infrastructure to community developments. This includes the use of the specialized governmental entities known as Community Development Districts for the provision of basic infrastructure. Regarding the Fiddler's Creek Community Development District 2 which would provide infrastructure to the Fiddler's Creek Development, I have assisted in the preparation of the Petition, its required exhibits, and additional information pertinent to the engineering consequences of establishing the District. This document constitutes a summary of the engineering consequences of establishing the District on the identified property in the County. The general law which creates the charter of the District requires information which must be 'contained in all petitions, as required in the uniform establishment procedure set forth in Section 190.005, Florida Statutes. The Petition. with its attachments establishes initial information on the record and triggers the process which results in an ordinance establishing the District on the legally described property, pursuant to Section 190.005(1)(a), Florida Statutes. The Statute then requires pertinent information as to the six factors which must be considered by the Petitioner, the County W:~002~002036X(WHrrEPAPER)CDDs - Engineering Considerations Revised August 27, 2002.doc 1 District Processing Team, and, ultimately, the members of the Board of County Commissioners of Collier County in establishing the District, pursuant to Section 190.005(1)(e)1-6, Florida Statutes. This document addresses the engineering aspects of not only the information in the Petition and its exhibits, but also the information related to consideration of the six statutory factors. I have reviewed the engineering consequences of establishing this District with the assumption, for the edification of the County staff and elected officials, that the District would exercise all of the systems, facilities, and services it is empowered to provide as basic infrastructure to the Community development under both subsection (c) and (2) of Section 190.012, Florida Statutes. After reviewing the Petition and its exhibits, I used the six factors as a guide for my engineering analysis in order to determine whether a particular problem specific to Collier County and the District is identified. I have also anticipated questions and concerns oriented specifically toward Collier County near the end of this document. FACTOR ON'E Regarding creation and establishment of the District, my duties were to inspect the site within Collier County where the District is to be set up. I also helped prepare the Petition and its attachments from an engineering perspective. In my opinion, as an engineer, the P~tition ar [ its attached exhibits are true and correct. Special Problem.q No special engineering problems were evident during my review. FACTOR TWO W:~002~002036X(WHFI~APER)CDDs. Engineering ¢onsida'afio~ Revi,~d August 27. 2002.doc 2 NOV 1 9 2002 Although not directly my responsibility because I am not a planner, I have reviewed the State Comprehensive Plan from an engineering perspective. I have found nothing in the State Comprehensive Plan with which creation and establishment of the proposed District would be inconsistent. Furthermore, I have reviewed the Collier County Comprehensive Plan and have determined there is nothing with which creation and establishment of this District would be inconsistent. My work assumes for analysis purposes that the District, on this property in .Collier County, will exercise any and all of its special powers as set forth in its charter, Section 190.006-190.041, Florida Statutes. I have also used the six factors in Section 190.005(1)(e) 1-6, Florida Statutes, in the light of all the District's special powers to determine whether any specialized problems presently exist on this property in Collier County, or will evolve from the creation and establishment of the District. Currently, the Petitioner proposes to ask the Board of Supervisors of the District, once established, to provide certain specialized systems, facilities and services as basic infrastructure to the community development. However, once again, I have reviewed establishment of this District, from an engineering perspective, on the assumption that the district will exercise all of its powers under Section 190.012(1) and (2), Florida Statutes. Preliminary to all of my work, I have reviewed the actual >hysical property to be included within the District. Regarding enclaves, ! note that Franklin and Judith Baker own a. 10.9 acre parcel of vacant land located at 299 Creative Drive, Naples, Florida. Special Problems: W:L2002L2002036~(WHITEPAPER)CDDs - Engineering Considerations Revised August 27, 2002.doc 3 NOV 1 2002. No special engineering problems were evident during my review. FACTOR THREE Having reviewed the property, in the light of the special powers available to the District, I then considered statutory Factor Three, which deals with whether the area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. ~ From an engineering perspective, a "community" is a residential, commercial or industrial community, or a corr., unity made up of a combination of uses. It has an infrastructure system which has certain engineering functions. All of these infrastructure systems must be designed and constructed so that their operation does not conflict with other services. These services also interrelate because they are necessary in combination to provide for the health, welfare, benefit, and enjoyment to the service users within the community. The term "functionally interrelated community," from an engineering perspective, means a community which provides systems, facilities and services in a consistent, reliable, and cost effective manner. The size of the land area is important in order to determine whether the proposed community development can functionally interrelate, from an engineering viewpoint. Having reviewed the size of the land area in question, I have determined that it is 999 acres, more or.~ess. ,'his acreage, in my professional opinion, is of sufficient size, even with the small enclave, to provide fo.r a functionally interrelated community deVelopment, which could be serviced by a Community Development District. From an engineering viewpoint, the W:~2002X2002036~Nv'ItI1T~APER)CDDs. F. agine, ering Considerations Revised August 27, 2002.doc 4 word "compactness" means the lands within the AGENDA ITEM NOV 19 2OO2 community are situated such that the systems, facilities, and services can be provided in a functional and cost effective manner. In reviewing the land area for the proposed community development, I have determined that it is sufficiently compact because based on my experience with similar development, the community systems, facilities, and services can be provided in a functional and cost effective manner. As an engineer, I understand the term "contiguous" to mean adjacent and abutting. After analyzing the proposed layout of the community, it is my opinion that the land area of the District is sufficiently contiguous to have its systems functionally interrelate in an economical manner. In my opinion, reviewing the land area involved, I determine that it is of sufficient size, is sufficiently compact and is sufficiently contiguous to function as an interrelated community development itself. Special Problems: No special engineering problems were evident during my review. W:~002'~2002036~(wHrrEPAPER)CDDs - Engineering Considerations Revised August 27, 2002.doc 5 NOV 1 9 2002 FACTOR FOUR It is now logical to review Factor Four. To determine if there are any reasons why establishing the District constitutes needless proliferation of government services, it must be considered if it will be the best alternative to provide the required and desired services, systems and facilities to the proposed land area on which the District is to exist. There are three major public and private alternatives for the provisions of infrastructure systems, facilities, and services to proposed functionally interrelated community developments. Purely private alternatives include a developer and a homeowner's association. The first public alternative is a Community Development District. The other public alternatives include the County, County management with financing by a Municipal Service Taxing Unit (MSTU) or M'c::icipal Service Benefit Unit (MSBU), County management and financing by dependent special di s::-ic~s, and other regional and local independent districts. In reviewing these alternatives for the particular land area in question in Collier County, I reviewed the availability of exis~in~ services, the effort and cost required to extend service to the community development, the cost of providing daily service, and the long term level of management and maintenance required for the systems, facilities and services. From an engineering perspective, although Collier County has decided under most circumstances to provide water, sewer, and irrigation services through a dependent district, or the County has not determined to provide other infrastructure to community developments. The County is not, in my opinion, the best alterrmtive to provide those other systems, facilities and services from an engineering viewpoint for the following reasons: · The County has not master planned, designed, nor funded those other systems, W:~002~2002036'K'WHITEPAPER)CDDs - Engineering Con.sideralions Revised August 27, 2002.doc 6 flOr 1 S 2002 facilities, and services. The single, special purpose of the District is to design, build, fund, and operate those other systems, facilities, and services. · The County because it is a general purpose local government has to deal with legitimate counter pressures that do not enable it to focus sufficient time to infrastructure management for the Fiddler's Creek Development. · The County decision making and implementation timeframe is normally short-term, measured by four (4) year pre-election cycles. Regarding the private developer, any private company, or a homeowner's association as an alternative way to provide the remaining systems, facilities and services, I note as an engineer, that there are a number of disadvantages including: · The private developer may not have the funds to provide or complete the remaining systems, facilities, and services. · The private developer may only have short-term concerns and become distracted without long-term maintenance requirements. As a result, the developer may lack accountability. · The homeowner's association may not adequately plan for the long term maintenance and replacement of the systems, facilities, and services and they are generally non- professional and amateurish in regard to these issues. Accordingly, the best alternative for this property, in my opinion as a professional engineer dealing with infrastructure provisions for the community development project is the District itself. The basis for this opinion is my experience as a civil engineer working in Collier County and dealing with Collier County Government and the private developme~l[ - ~o_^ ~-~ / W:k2002~2002036'~'WH~AP~)CDDs - Engineering Considerations Revised August 27, 2002.doc 7 NOV 1 ~ 2002 community on a daily basis. The District is a pinpointed, focused responsive and accountable form of public management by specialized single-purpose local government. Special Problems: No special engineering problems were evident during my review. FACTOR FIVE Factor Five should be considered next. It deals with whether the District would be incompatible with any community development systems, facilities or services, either existing or authorized. From an engineering perspective, I understand the term "community development services or facilities" to mean those infrastructure providing use, benefit, and enjoyment to the users of the services or facilities. In reviewing the site, I have determined that the community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. Regarding the District proposed facilities, systems and services, I view the term "compatibility," as an engineer, to mean the District provide facilities, systems, and services can be integrated into adjacent existing facilities, systems, and services without significant loss of function or economy. In my opinion, creation and establishment of the District and its proposed systems and facilities will not be incompatible with all of the existing or future authorized local and regional W:k2002k2002036~(WHITEPAPER)CDDs - Engineering Considerations Revis,d August 27, 2002.doc 8 NOV 1 9 2002 systems, facilities and services. There will not be an overlap or duplication of services. The services provided by the District will augment and improve those provided by Collier County and its special districts. Special Problems: No special engineering problems were evident during my review. FACTOR SIX Factor Six is addressed next. It deals with whether the land area to be serviced by the District is amenable to special district governance. Having determined, by applying the information relevant and material to Factor Three, that the land area is of sufficient size, sufficiently compact and sufficiently contiguous to be a functional interrelated community development, the question now arises whether the land area and its community development are serviceable by Community Development District. The Statute uses the term "amenable." From an engineering perspective, this term means the area can be adequately and economically served by the District provided systems, facilities or services. The key factor is to determine if there are economies of scale by providing the required and desired services through a Community Development District. Is the land area too small to obtain the benefits of a District event though it is not too small to be permitted as a new community? The answer is that since the land area, based on the proposed layout of the community, is sufficiently compact and contiguous to efficiently provide services, its size does not limit or render it incapable of providing significant economies of scale when governed by a special district. In my opinion the land area in the District is amenable because of its size and the proposed layout of the community. Also, there are no existing WA2002k20020367(WHn'F2APER)CDDs - Engineering Considerations Revised August 27, 2002.doc 9 NOV 1 9 2002 or proposed land features, facilities, encumbrances or restrictions that would make the services and special capabilities of the District difficult or inefficient to provide. Special Problems: No special engineering problems were evident during my review. This do/~ment has been prepared b~: W. Terr~Cole, P.E.' #42347 Fiddler's Creek cI~D District Engineer Kfoldent\CDDs - Engineering Considerations.May 14, 2002 W:L2002LT.002036~(WHITEPAPER)CDDs - Engineering Considerations Revised August 27, 2002.doc 10 ITEM NOV 1 ~ 2002 ~.q~ FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 TESTIMONY OF MICHAEL REDD, PLANNER Planning Considerations Establishment of Fiddler's Creek Community Development District #2 Work Experience My name is Michael Redd. I am President of Michael Redd & Associates and as a registered landscape architect in the State of Florida have 33 years of experience in governmental relations involving planning and land development. Primarily this expertise is focused on the subspecialties of golf course community master planning, park and recreation design and city and new town planning. The associated approval processes and financing alternatives, including the establishment of Community Development Districts (CDD), have been a significant part of my practice. I have been called as an expert witness with respect to large-scale (over 500 acres) community design. This encompasses in-depth knowledge in all facets of land use planning and site design, including physical, economic, social and political implications. I have a Bachelor of Landscape Architecture from the University of Georgia and have performed Post Graduate Work at the Graduate School of Design at Harvard University and the Universi , of Virginia. I have represented numerous governmental entities in community design and planning, including the cities of North Palm Beach, West Palm Beach, Palm Beach Gardens, Palm Beach County, The State of South Carolina, as well as the countries of France, the Czech Republic, and the United Arab Emirates. Page 1 of 32 \~Scrv¢flworkfiics~PRO/ECTffIDDCRK\CDD\CDD2~ddlerscreek_edd2_final.doe MIC NOV 19 2002 I^EL KI~D ~ Cz7; FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 I have served on the Editorial Board for the Urban Land Institute's book, Residential Streets, and have had by-lined articles published in Urban Land and Landscape Architect magazines. I am currently writing a reference book on Land Planning. I will address the planning aspects and consequences of the Fiddler's Creek Community Development District #2 on the proposed property based on the above mentioned training and professional experiences. I was responsible for the creation of the Fiddler's Creek Master Plan, assisted in the establishment of Fiddler's Creek Community Development District #1, and the petition and its exhibits for the Fiddler's Creek Community Development District #2. This paper contains an overview of the planning consequences relating to the establishment of Community. Development District on the proposed land area in Colliers County from a planner's perspective. The Community Development Project Which The Community Development District will serve: Though not material, relevant, or pertinent to the establishment of a Community Development District, Fiddler's Creek is an existing 3921-acre Master Planned community located in Collier C ,unty. The District if established will be the second Community Development District in the community and is composed of 999 acres. It is bound by: futm-e sections of Fiddler's Creek to the east, the existing and established Fiddler's Creek Community Development District #1 to the west, U.S. 41 to the north, and future sections of Fiddler's Creek to the south. The District will be composed of approximately: 71 acres of public right-of-way, 451 acres of residential use, 8 acres of retail and business services, and 36 acres of .~crea~on~ Page 2 of 32 MICHAEL I: ~crvcfiworkfiles~l~,OJECTWIDDCR.K\CDD\CDD2~fid dlerscreek_cdd2_final.doc NOV 1 2002 )d & ASSOCI^'IT:& P.A. Copyright 42002 FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 facilities. These recreation facilities including a golf academy, tennis center, and golf club will provide for a variety of community events and activities. The District will also include a variety of outdoor facilities and natural environments totaling approximately 433 acres. This land operates as developed parks, golf courses, a hiker/biker trail system as well as natural areas including lakes, wetlands, conservation areas, and general open space. The community development proposed for the land area of the Community Development District is a composition of discrete neighborhoods oriented off of a system of no-load boulevards. This produces a scenic and private environment while continuing to provide functioning and efficient services to the variety of market segments developed in the community. The Master Plan, which provides this diverse assortment of housing types, ensures a level of social-economic mixing in the community. This variety of housing products and the complimenting land uses are made cohesive through the use of design guidelines, which direct landscaping, signage, utility services, stormwater management, and community services in a manner consistent with local and state regulations. The Six Statutory Factors: Section 190.005(1) (C) 1-6, F.S. The law generally mandates a level of redundancy in the documentation materials submitted for the establishment of a Chapter 190, F.S. District. There are legal and practical reasons for redundancy in the establishment of a Community Development District. From a legal point of view, should an action of the District be challenged, the first avenue of investigation is to determine if the District was established using the authority contained in the Florida ;tatqt~~ Page 3 of 32 \~$crvc~woridilcs~ROJ-E~DCRI~CDD\CDD2~fid dlcrscrcck-cdd2-flnal'd°c MICHAEL NOV 1 2002 D ~ ,',..~'~, P.~ ~~oo2 Pl. - I-- FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 Redundancy in the documentation, which supports the petition to establish the Community Development District, will minimize the exposure of Collier County and the District under this avenue of investigation. From a practical standpoint, redundancy of the six factors set forth in the statute can help to identify information and problems which can then be considered by the District Board of Supervisors after the District is established or by Collier County and the District Review Team during the petition process. The following consideration of the six factors is performed from a plann/ng perspective so that those involved in the establishment of the District can consider the six factors as they pertain to the establishment of the Fiddler's Creek Community Development District #2 on the proposed land area. It is important to note that the Community Development District set forth in 190, Florida Statutes, has already been created upon the adoption of the statute by the Florida Legislature. Since the District has already been created, this document and the discussion and consideration of the six factors is to be used by the county and petitioner to consider the proposed land area for the establishment of a Community Development District based on the following six factors. Factor One: Whether all statements contained within the petition have been true and correct. In my professional opinion from the perspective of a professional planner, the petition and its exhibits meet the requirements of 190, F.S. The information provided is both tree and correct and therefore factor one is satisfied in my opinion from a planning perspective. Page 4 of 32 '~erv¢fiworkfiles~PROJE~DCRl~CDD~CDD2~fiddlerscreek_cdd2_fmal.doc AOEI~A ITEl '~ NOV 1 g 2O02 p~ight o 2002 FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 Factor Two: Whether the establishment of the District is inconsistent with any applicable element or portion of the state comprehensive plan or the effective local government comprehensive plan. I have done a considerable mount of analysis of both the State Comprehensive Plan and the Collier County Comprehensive plan. This analysis was performed because factor two seeks information on whether the creation by law and establishment pursuant to law of the District on the proposed land area is inconsistent with any applicable element or portion of the State Comprehensive Plan or the Collier County Comprehensive Plan. Discussion: The State Comprehensive Plan The State Comprehensive Plan is set forth in Chapter 187, Florida Statutes. I have analyzed the State Plan upon the assumption that the District will exercise all of its systems, facilities and services and related specialized powers set forth in its state created uniform charter of the District, Sections 190.006 through 190.041, Florida Statutes. As a methodology, I looked at all 26 subjects, 26 goal and several related policies under each goal in the State Plan from the following perspective. First, I eliminated all. subjects, goals and policies of the State Plan that related neither to the development itself, nor the establishment of the District to serve the development. Further, I rejected any goals, subjects and policies that related only to the development and land use projects. Page 5 of 32 \~rvc~workfilcs~PROIE~DCRK\CDD\CDD2~fiddlcrscrcck_cdd2_finsl-doc As a result, I identify certain remaining N~C~A A ITEI~ NOV 19 2002 MICH. . KEDD & ASSO~^~ r'~ ~-~tdght ~) 2002 pg..<_~,-, FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 subjects, goals and policies, and was able to review and evaluate them, as they related, in my opinion, to the establishment of a Community Development District. Using this methodology, I have determined that four goals and related policies actually apply to the subject of this petitim3, the establishment of the Fiddler's Creek Community Development District #2. I have analyzed each of these subjects and goals and then identified various specific poliCies~, under which they are related to the District. I applied all of these factors to the assumption that the District would exercise on the particular property in Collier County all of its specialized powers in subsections (1) and (2) of Section 190.012, Florida Statutes. .Subiect and Goal 16 (16)LAND USE - (a) Goal - In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas, which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. First, Subject Number 16 and its related goal apply because the subject of development being directed to areas having, or programmed to have funded land, water resources, and service capacity to serve growth in an environmentally responsible manner. This relates directl' District's purpose of fiscal responsibility and adequate service supply through District 1: Page 6 of 32 ~erve~workfiles~PR. OJE~DCRK\CDI~CDD2~ddlcrscreek_cdd2_fm al .doc MICHAEL R.F_.E >vid~a~~ "~. NOV 1 2002 FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 infrastructure improvements. I have determined that establishment of the District on the proposed land area would not be inconsistent with this goal and subject because Chapter 190, F.S., found that services provided by a .District can be "...a timely, effective, responsive and economic..." means of accommodating development demands "...without overburdening other governments and their taxpayers." Local Specialized Problem: None. Policy 16 (b) 1. Promote state programs, investments, and development and redevelopment activities, which encourage efficient development and occur in areas which will have the capacity to service new population and commerce. Regarding policy 16(b) 1, establishment of the District is not inconsistent because Chapter 190, F.S., requires efficiency and responsibility in the utilization of District powers in providing services to supply development demand. In fact, the establishment of the District would be the promotion of a state program and will have the capacity to service new population and colTtlnerce. Local Specialized Problems: None Policy 16Co) 2. Develop a system of incentives and disincentives, which encourage separation development, and fish and wildlife habitats. Page 7 of 32 ~Scrvc~workfilcs~PROJECT~FIDDCRK\CDD\CDD2~fiddl crscrcek-cd d2-final'd°c of urban and rural land uses while protecting water suppl MIC resource p~, {~'~C~ght ~) 2002 FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 Regarding policy 16Co) 2, District establishment is a state legislative program which, when the District is established by the county, is required by law to provide service capacity in areas designated for urban services, and to provide such services in an environmentally sensitive manner. Establishing the District on the proposed property will follow this law and the approved Fiddler's Creek Master Plan, which addresses development in an environmentally sensitive manner and therefore is not inconsistent with policy 16Co) 2 of Chapter 187, F.S. Local Specialized Problems: Nonc Policy 16(b) 5. Encourage and assist local governments in establishing comprehensive impact-review procedures to evaluate the effects of significant development activities in their jurisdictions. Based on the fact that the District, when established, must report annually on such facilities using comprehensive impact review procedures set forth in Section 189.415, F.S., it is not inconsistent with Policy 16(b) 5 of Chapter 187, F.S. Furthermore, these reports can be use by Collier County to update the capitol improvement and future land use sections of their Plan. Local Specialized Problems: None Subject and Goal 18 Page 8 of 32 ¥$crv¢fiworlcfilcs~PROJEC~FIDDCRK\CDD\CDD2~fi ddl crscrcck_cdd2_final.~ MI NOV 19 2002 I ~p~dght C 2002 FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 (18)PUBLIC FACILITIES (a) Goal - Florida shall protect the substantial investments in public facilities that already exist and shall plan and provide for and finance new facilities to serve residents in a timely, orderly, and efficient manner. I determined that Subject 18 and its related Goal would be directly implemented through the establishment of the District through the responsible provision of services and facilities when needed. The establishment of the District will also be more responsive to changing market demands and trends. Based on that determination, the District would not be inconsistent with this subject and goal. Local Specialized Problems: None Policy 18Co) 3. Allocate the costs of new public facilities on the basis of the benefits received by the existing and future residents. Facilities and services provided by the District will be paid for by those whose property benefits from those facilities and services through assessments and use fees and will have no impact the Collier County budget or taxpayers outside the District. I therefore find that the District on the proposed property will implement policy 18Co) 3, and therefore, in my opinion, is consistent with the policy. Local Specialized Problems: None Page 9 of 32 \LS~.r waa, workfil ~skPRO JE ~DCRK\CDDxCDD2Lfiddlcrscr~¢k-cdd2-fmal'd°c NOV 1 2002 ~ht ~ 2002 FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 Policy 18(b) 4. Create a partnership among state government, local governments, and the private sector, which would identify and build the needed public facilities and allocate the costs of such facilities among the partners in proportion to the benefits accruing to each of them. In regard to Policy 18(b) 4, the District is in fact a partnership between and coinciding the interest of State government, local government, and the private sector. Given that a District's charge is to utilize its statutory powers for the provision of infrastructure only in conformance with local and state regulations, the establishment of the District is not inconsistent with this policy. Local Specialized Problems: None Policy 18Co) 5. Encourage local government self-sufficiency in providing public facilities. In regard to Policy 18(b) 5, the District, if established, would be a single and special purpose local government, and would be self-sufficient in the provision ofinfras'amcV :e systems, services and facilities, given that it would not draw upon other County resources. 2'his is possible through the taxatipn and assessment of those living and owning businesses in the District. Thus, the establishment of the District would not be inconsistent with this policy. Local Specialized Problems: None Page 10 of 32 ~.~Scrvcr~work~lcsLPROJECT~[DDCRK\CDD\CDD2~iddlcrsc~ek_cdd2_~m~.doc NOV 1 9 2O02 MICHAEl. KEDD & ASSOCIATES, PA. Copyright O 2002 FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 Policy 18(b) 6. Identify and implement innovative but fiscally sound and cost-effective techniques for financing public facilities. The establishment of the District is, in my opinion, the manifestation of Policy 18Co) 6's intent, whereby the District is an innovative means of providing fiscally sound and cost effective service and facility improvements. The establishment of the District is not inconsistent with this policy. Further, the District, when established, being a special purpose local government, would have limited powers to design, fund, and construct services and facilities necessary to accommodate the project's facility and service demand. It will coordinate with Collier County the connection to its capital facilities especially under section 189.415 (2) (6), Florida Statute. The District is not inconsistent with this policy. Local Specialized Problems: None Policy 180>) 7. Encourage that development, use, and coordination of capital improvement plans by all levels of government. Given that the District, when established, is subject to the reporting provisions of Sect'ion 189.415, Florida Statutes, which in paragraph (6) states, "For purposes of the preparation or revision of local government comprehensive plans required pursuant to Section 163.3161, a District public facilities report may be used and relived upon by the local general government or governments within which the special District is located." The Distri, Page 11 of 32 MICHAEL FLE \~Scrver~woddiles~PRO/ECIkFIDI~RI~CDD\CDD2~fi ddlcrscrcck_cdd2-fmal-d°~ purpose NOV 1 )D & FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 proposed land area, if established, will implement this policy statement, and is therefore consistent. Local Specialized Problems: None Subject and Goal 21 (21) GOVERNMENTAL EFFICIENCY (a) Goal- Florida governments shall economically and efficiently provide the amount and quality of services required by the public. Subject 21 deals with Government Efficiency and it, along with its goal applies because of the statutory finding that a District is a means to deliver services and facilities in a timely, efficient and cost effective manner. The District is not inconsistent with Goal 21 from Chapter 187, Florida Statutes. Local Specialized Problems: None Policy 21(b) 1. Encourage greater cooperation between, among, and within all levels of Florida government through the use of appropriate inter-local agreements and mutual participation for mutual benefit. Page 12 of 32 ~&qerv~-'r~worktles~PROJ-ECTWIDDCRK~CDD~CI)D2~ddlcrscr~ek_cdd2_final.doc NOV 1 9 2O02 FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 The Fiddler's Creek Community Development District #2, when established, is a separate special-purpose local government of the proposed property, with the state granted authority to provide public services and facilities within a limited land area. As a local government, the District has the ability to enter into inter-local agreements with mutual participation for the benefits to the land and residents within the District, and the rest of the County. Given that any action on the part of the District cannot be inconsistent with any portion of Collier County's Comprehensive Plan, Comprehensive Plan. government, which provides a mutual benefit for both the County and District. my opinion, implements this policy and is therefore consistent. both governments will be operating within the parameters of the This leads to communication and coordination between the levels of The District, in Local Specialized Problems: None Policy 21(b) 2. Allow the creation of independent special taxing districts, which have uniform general law standards and procedures and do not overburden other governments and their taxpayers while preventing the proliferation of independent special taxing districts, which do not meet these standards. Policy 21('o) 2 captures the intent of why Community Development Districts are an important and integral state created component in the delivery of infrastructure, community facilities, and services through management and financing. A Community Development District has uniform general law standards as specified by the State Statute, which created it. It funding through the sale of bonds, which are repaid by the people whose property Page 13 of 32 MICHAEL /~er~eflworkfiles~ROYECT~DDCRK\CDD~CDD2~ddlerscreek_cdd2_final.doc obtains dire B NOV ~l~y~ght ~ 2002 FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 receive the special benefits of the services and facilities that the District provides, and does not burden the general taxpayer with obligations to pay for services and facilities inside the District boundaries. Chapter 190, F.S., Districts are created by law and established pursuant to the laws specific general factors specified. Therefore the establishment of this type of District on the proposed land area is consistent with the policy not to allow the proliferation of independent taxing districts, which do not have those specific general law powers and do not implement state law and growth management policy. T}~e District would serve to implement this policy, and in my opinion, is consistent. Local Specialized Problems: Non; Policy 21Co) 5. Eliminate needless duplication of, and promote cooperation in, governmental activities between, among, and within state, regional, county, city, and other governmental units. As stated previously, a District is statutorily required to report as to operation and demand on its facilities pursuant to Section 189.415, F.S., which Collier County may utilize in its Annual Update and Inventory Report pursuant to its Comprehensive Plan. This, along with a District's charge to operate in conformance with local, regional and state growth management requirements, including the State mandated Intergovernmental Coordination Element's inter- Page 14 of 32 '~'rve~workfilcs~PROJ-E~DCRK\CDD\CDD2~d dlerscreek_cdd2_finaL doc NOV 1 q 2002 MIC~ :1 P. EDD & ~A~ P~ Pg.,Co~d~.ght 20O2 FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 local agreements, proves, in my opinion, that the District would not be inconsistent with Policy 21Co) 5. Local Specialized Problems: None Policy 21(b) 9. Encourage greater efficiency and economy at all levels of government through adoption and implementation of effective record management, information management, and evaluation procedures. Information and records analysis and management are an operational requirement of Chapter 190, F.S., through record keeping, disclosure, and government-in-the-sunshine. This, in my opinion, effectively implements the call for efficiency in government set forth in Policy 21(b) 9, thereby, in my opinion, making a District consistent with that policy. Local Specialized Problems: None Subiect and Goal 26 (26) PLAN IMPLEMENTATION (a) Goal- Systematic planning capabilities shall be integrated into all levels of government in Florida with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. Page 15 of 32 \~Serv¢ fiwor~les~ROJ-ECT~l])DCRK\CDD\CDD2~fiddlerscr~ek_cdd2_~tal.doc NOV 1 9 2092 FIDDLER'S CREEK C:DD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 Subject No. 26 addresses plan implementation. Its related goal sets forth that systematic planning capabilities shall be integrated into all levels of government in Florida, with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. As stated previously, a District has a statutory mandate to report information concerning District operations. Further, a District being a special purpose local government must advertise its regularly scheduled meetings, ensuring public commenting oppommity. The District if established, in my opinion, is consistent with this goal and would implement it. Local Specialized Problems: None Policy 26(b) 2. Ensure that every level of government has the appropriate operational authority to implement the policy directives established in the plan. By virtue of the fact that a District established pursuant to Chapter 190, Florida Statutes, must not be inconsistent with any applicable portion of the State Comprehensive Plan, a District is granted the operation authority to implement policies of the Plan. The District is not inconsistent with Policy 26(b) 2. Local Specialized Problems: None Policy 26Co) 3. Establish effective monitoring, incentive, and enforcement capabilities to see that the requirements established by regulatory programs are met. Page 16 of 32 ~,~ServeAworktiles~PROJE~DCRK~CDD\CDD2~fiddlet~cree. k_cdd2_final.do~ NOV19200z , FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 Policy 26(b) 3 calls for measures to assure that the regulatory programs are adhered to. A District is not exempted from and as mentioned is subject to reporting to any applicable local, regional or state growth management regulatory programs, thus the Fiddler's'Creek Community Development District #2 on the proposed land area is not inconsistent with this policy. Local Specialized Problems: None Policy 26(b) 8. Encourage the continual cooperation among communities, which have a unique natural area, irrespective of political boundaries, to bring the private and public sectors together for establishing an orderly, environmentally, and economically sound plan for future needs and growth. The District is required to operate in the sunshine, encouraging public participation, and as stated previously, reporting of the District's facilities and services states to the County government provides a mechanism for cooperation between the general purpose and special purpose governments. A District, in my opinion, not only is consistent with Policy 26C0) 8, it implements the policy. Local Specialized Problems: None Caveat Page 17 of 32 ~L~'ver~workfiles~PROYE~DCRK\CDD\CDD2~fiddlerscreck-cd d2-f'mal'd°c NOV 1 9 2002 L MICHAVl P,.EDD & ASSOCIATE3, PA. Copyright ~) 2002 FIDDLER'S CREEK CDD #2 COLLIER COUNT~, FLORIDA Final: 8/22/02 I have also reviewed all the subjects, goals, and policies which I have determined do not apply to the District, and it is my professional opinion that establishment of the District is therefore, not inconsistent with any of those subjects, goals and related policies. When considering managemen[ and financing of all the basic infrastructure systems, facilities, and services that the District\by law is authorized to provide. It is my opinion from a planning perspective, ~that the creation and establishment of the District is not inconsistent with any subject, goal and policy of the State Comprehensive Plan, as amended. Discussion: The Collier County Comprehensive Plan The Collier County Local Government Comprehensive Plan set forth in Collier County Ordinance No. 2000-31, as amended. This plan is currently effective in Collier County. Under the Florida Local Government Comprehensive Plan and Land Development Act, Chapter 163, Part II, Florida Statutes, as amended, the plan consists of several elements, sub-elements, and components. These include required and recommended topics of Chapter 163, Part II, of the Florida Statutes. As a methodology I applied each of the available powers of a Community Development District under allof Section 190.012, Florida Statutes to each and every element, sub element, component, and other aspect of the Collier County Comprehensive Plan. This allowed me to Page 18 of 32 ~&~erveflworkfiles~PROYE~DCRK~CDD\CDD2~fi ddlerscreek_cdd2_f-mal.d~ determine from a planning perspective whether there is any particular inconsistency between ! AGE, L~A ITEM | NOV 2ooz a _ ~e::Ol~dght ~) 2002 Lp~,, , FIDDLER'S CREEK CDD #2 COLLIER COUNT~, FLORIDA Final: 8/22/02 Collier County Comprehensive Plan and the establishment of the state created 190, Florida Statutes, Community Development District. In using this process I was able to make determinations similar to those used for the State Plan. First I eliminated goals, objectives, policies, elements, components, sections, and portions, which do not address creating and establishing the District. Then I also rejected those, which relate strictly to community developments. These subjects are irrelevant to the creation and establishment of the District. After eliminating these topics, I then identified and evaluated the remaining parts of the plan to determine whether the establishment of the District, exercising any and all of its special powers on the proposed property, would be inconsistent with the Collier County Comprehensive Plan. The above-mentioned review of the elements, sub elements, goals, policies, components, and sections of the Collier County Comprehensive plan, calls attention to six topics of discussion either directly or indirectly, when discussing the establishment of the District in Collier County. The establishment of the Fiddler's Creek Community Development District #2 to provide infrastructure and a governmenttl servic{ attendant to the proposed land area of the District complies fully with all elements, sub elements, goals, policies, components, an& sections of the .Collier County Plan. Further evidence of this can be noted by Collier County's approval of the Fiddler's Creek Master Plan, the PUD application, and Fiddler's Creek Development District #1, which is adjacent to the Districts land area and is of MIC} Page 19 of 32 \~er~e~workfilcs~RO~E~DCRK\CDD\CDD2~flddlers creck_cdd2_fmai.doc Community ;imilar size, NOV pS. M:Jo-i~'r~g.t e 2oo~ FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 compactness, contiguity, and character. The following topics w/Il be discussed to assure that they are not inconsistent with Collier County Plan. Capital Improvements Element, Objective 1.5: To ensure that public facilities and services needed to support development are available concurrent with the impacts of such development, the County's Concurrency Management System shall be consistent Chapter 163, Part II, Florida Statutes and Rule 9J-5.0055, Florida Administrative Code. The county shall establish a regulatory and monitoring program to ensure the scheduling, funding, and timely construction of Categor?.- "A" public facilities concurrent with, or prior to, the issuance of a building permit to achieve and maintain adopted level of service standards. This objective was established To assure that infrastructure is in place concurrent to the new needs and demands associated with future residents, services, and facilities. The creation of Community Development Distric~ by 190, Florida Statutes, was to assure concurrency among other things. The subsequent establishment of the District authorizes it to exercise it's one propose, that is the supply of timely, cost efficient, effective, and responsive infrastructure. The Collier County government has many purposes and the District will ease supply and monitoring burdens in the proposed land area with no effect on the :ollier County Fiscal Budget or residents living outside the District. Furthermore, the District is required to be consistent with Collier County Comprehensive Plan and the State Comprehensive Plan and is also required to report once a year on its operations. Collier County to can use this report over see District actions and to assist in the planning of their own capitol improvements and future land uses. Therefore the District is not inconsistent with this objective. Page 20 of 32 \~S~vcr~workfilcshuROJECT~DDCRK\CDD\CDD2~ddlerscreek_exld2_final.doc AC.~I~A ITEN' NOV 192002 f~.(~/dght O 2002 FIDDLER'S CREEK CDD COLLIER COUNTY, FLORIDA Final: 8/22/02 Local Specialized Problems: None Future Land Use Element, Goal 1: To guide land use decision making so as to achieve and maintain a high quality natural and human environment with a well planned mix of compatible land uses, which promotes the public's health, safety, and welfare consistent with state planning requirements and local desires. As noted, the District's establishment and actions must be consistent with the local and state plan. Therefore development decisions inside the District must be consistent with future land use maps created by Collier County. Furthermore, the Fiddler's Creek Master Plan, which will be developed on the proposed land area of the District, has already been approved and found to be consistent with Collier County's Future Land Use Plan. This proves that the establishment of the Fiddler's Creek Community Development District #2 in not inconsistent with this goal. Local Specialized Problems: None Intergovernmental Coordination Element, Objective 1.;l: By th time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including and amendments thereto, establish intergovernmental communication and a level of service coordination mechanisms to be used by Collier County, Cities of Everglades and Naples, adjacent counties, the Collier County School Board, the state, and any othel provides service but may not have land use authority. Page 21 of 32 \~Scrvcr~work~lcs~ROJECT~ClDDCRK\CDD\CDD2~iddlcrscrcck_cdd2_fmal.doc NOV 1 9 2002 KEDD & ~^TE5, P.A. FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA final: 8/22/02 The Fiddler's Creek Community Development District #2 when established becomes a separate special-purpose local government with the authority to provide public services and facilities within a limited land area. As a local government, the District has the ability to enter into inter-local agreements with mutual participation for the benefits to the land and residents within the District, and the rest of the County. Given that any action on the part of the District cannot be inconsistent with any portion of Collier County's Comprehensive Plan, including the Intergovernmental Coordination Element, both governments will be operating within the parameters of the Comprehensive Plan. This leads to communication and coordination between the levels of government, wkich provides a mutual benefit for both the County and District. The District, in my opinion, implements this objective and is therefore consistent. Local Specialized Problems: None Potable Water Sub-Element, Policy 1.2.6: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water- Sewer District, water service shall be connected to the regional system, . ad internal facilities shall be conveyed when acceptable to the Collier County Water-Se~er District for operation and ownership in accordance with Collier County Ordinance 88-76, the Utilities Standards and Procedures Ordinance, adopted September 27, 1988 or its latest revision, and District construction and operation. Page 22 of 32 \~Server~work~les~ROJE~DCRK\CDD\CDD2~fiddlerscreek_cdd2_fmal.doc NOV 1 g 2002 p~. ~ ~Cop~dght 002 FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 The establishment and actions of the District must be consistent with the Collier County Plan. Any water services shall be connected to the regional system, and intemal facilities shall be conveyed, when acceptable to the Collier County Water-Sewer District for operation and ownership pursuant an inter-local agreement between the District and Collier County Water- Sewer District. Therefore the District would not be inconsistent with this policy. Local Specialized Problems: None Sanitary Sewer Sub-Element, 1.1.7: Where Community Development Districts, or similar special districts are established to provide a tool for developers to finance infra-structure or other purposes, wholly or partially within the Collier County Water-Sewer District, sewer service will be connected to the regional system, and all facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Ordinance 88-76; the Utilities Standards and Procedures Ordinance, adopted September 27, 1988 or its latest revision, and District construction and operating policies. The establishment and actions of the District must be consistent with the Col.'.ier Cour y Plan. Any water services shall be connected to the regional system, and internal facilities shali be conveyed, when-acceptable to the Collier County Water-Sewer District for operation and ownership pursuant an inter-local agreement between the District and Collier County Water- Sewer District. Therefore the District would not be inconsistent with this policy. Page 23 of 32 \\~ rvcr~worlc~Ies~PROJ'E~DCRK\CDD~CDD2~id dlcrscr~ck_cdd2_~m~.d~ MICHP FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 Local Specialized Problems: None Sanitary Sewer Sub-Element, Policy 1.4.5: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, and where such Districts make provisions for ~rngation via dual systems utilizing effluent and/or other irrigation sources, said system~ shall be connected to the regional system when available, and all internal irrigation systems shl~ll remain in private ownership and master metered by the County. The establishment and actions of the District must be consistent with the Collier County Plan. Any irrigation via dual system utilizing effluent and/or other irrigation sources, said system shall be connected to the regional system when available, and all internal irrigation systems shall remain in private ownership and master metered by the county. Therefore the District would not be inconsistent with this policy. Local Specialized Problems: None Caveat Having thoroughly reviewed the Collier County Comprehensive Plan as it pertains to the establishment of a Community Development District pursuant Chapter 190, Florida Statutes, I Page 24 of 32 \~Setve~worktilcs~PROJECT~IDDCRK~CDD\CDD2~fiddlerscreek_cdd2_final.doc have found that the District is not inconsistent with any elements, sub elements, goals, policies, / NOV 2002 II~._ ~pyri~ht 0 2002 FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22102 components, or sections, which were found to be applicable to the establishment of a District on the proposed land area. Based upon the aforementioned findings, the establishment of the District would not be inconsistent with any elements, sub elements, goals, policies, components, or sections of the Collier County Comprehensive Plan, even if it were to exercise any and all of its statutory powers. In fact, the District would further the Plan in general, and in many of its specific components. Furthermore, the establishment of the District would not be inconsistent with those parts of the Plan, which were found not related to the establishment of a District. Factor Three: Whether the area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. Before this question is answered it is important to define two key terms pertinent to the discussion of factor three. A "community" from a planning perspective can be defined as a combination of physical and social components, which constitute a living environment. Physical components include land uses and a complete infrastructure system such as roads, drainage, stormwater management, utility systems, recreation, and other facilities and services that lead to the cc Page 25 of 32 MICHAEL \~Scrve~worldilesXPROJECThClDDCRI~CDD\CDD2~iddlerscreek-cdd2-fmal.d°c Copyright © 2002 FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 convenience for residents. Social components include shelter, security, and welfare of the residents. These components combine to form a unifying connection between residents and land USES. A "functionally interrelated community" from a planning perspective is a community whose functions are integrated into a long-range plan that considers growth and the future needs of the community. These needs will require planning and funding sources to accommodate the evolving community. Therefore a functional interrelated community must be able to accommodate growth with infrastructure, which interrelates facilities in an efficient manner, as they are needed in the communit3~. From the definitions outline above it is possible to determine if Fiddler's Creek Community Development District #2 located in Collier County is of sufficient size, compactness, and contiguity to develop as a functionally interrelated community. The size of the proposed land m'ea for the District is 999 acres. In my opinion from a planning perspective, this is a sufficient size to support a Community Development District because the area is planned in an efficient manner utilizing land to provide a physically and socially self-sustaining environment. . Compactness relates to the closeness and density of the parcels within the development. Compactness creates efficiency in the supply of infrastructure and services. Having revie District, in my opinion from a planning perspective, the proposed land area is sut Page 26 of 32 \~Scrvcr~worI~IcsLPROJ-E~DDCP, K\CDD\CDD2',fi ddlcrscrcck_cdd2_~mal .doc MICHA~. ~ icienuy-,.-~-- - NOV 1 9 2002 'D & ~, P.A. FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 compact to provide an efficiently operating community. Its boundary does not generate any obstacles and land uses are sufficiently close enough to provide a functionally interrelated community, which accommodates both physical and social aspects of a community. Furthermore, it abuts the existing Fiddler's Creek Community Development District #1, which is of similar compactness and has already been found to be acceptable as a Community Development District. Contiguity relates to pieces of land within a geographic area that are functionally connected in a meaningful manner and compliment the relationship between the adjacent properties. Although contiguous lands are typically physically connected it is not always necessary for properties to be contiguous, as long as it's parts still function cost effectively and efficiently. Regarding enclaves, I note that there is one 10.9oacre parcel of vacant land located at 299 Creative Drive, Naples, Florida. With this in mind the District remains contiguous because it will operate cost effectively and efficiently in the provision of infrastructure. In my opinion from a planning perspective, the proposed land area for the District is contiguous because it is spatially connected and its parts compliment existing and future land uses. Its adjacency to Fiddler's Creek Community Development District #1 also creates contiguity between the District and its surroundings due to its complementing size, compactness, contiguity, and use. This will allow the District to grow as a functional interrelated community which, can respond to changing markets, needs and requirements while providing efficient provision of infrastructure systems, facilities, services, and creates economies of scale. - AGEI~A ITEM _ Page 27 of 32 BScrveflwofldiles~RO]E~DCRK~CDD\CDD2~fi ddlcrsc~cck-cdd2-final'd°c FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 Factor Six: Whether the area that will be served by the District is amenable to separate special-district government. This factor is best eXamined out of order due to its association with the preceding factors. Before detenuining whether the District is amenable it will fn'st be important to define two terms for this discussion. The term "separate special-district govemance" is best described as governance having limited special functions and powers that can be applied within the District as a legally defined geographic area. Establishment of the District would subject the land to a separate special District government, as previously defined. It would be established by law through a petition or vote by the Board of County Commissioners, with limited special functions and powers to levy taxes or special assessments within the legally defined geographic area. Page 28 of 32 \kgerver~w°rkfilcsL°RO-lECTWIDDCRK\CDD\CDD2~tlddlerscreek oxid2 final.doc The term "amenable" can be defined to be an appropriateness for accountability or responsible to authority. Having already determined that the proposed land area of the District is of sufficiently sized, compact, and contiguous to operate as a functionally interrelated ommunity, I now as a planner can determine if the land area is amenable to being governed by a Community Development District. This would follow the uniform charter Greated by and consisting of sections 190.006 through 190.041, Florida Statutes. My review of this subject assumes that the District will exercise any and all of its special powers provided in that charter. NOV 1 9 FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 In my opinion from a planning perspective, the proposed land area is amenable to the District because it is an area where certain services are not available and where they cannot otherwise be extended economically. Also, the land area is large enough to provide an adequate economy of scale and compact enough to provide the services efficiently. Furthermore, residents of the District would benefit physically and socially from the services provided. It will: allow growth to occur as needed, ensures long term growth and planning, and is valuable to planning, construction, and phasing of services in the community. Factor Five: Whether the community development services and facilities of the District will be incompatible with the capacity and users of the existing local and regional community development services and facilities. By legislative mandate, all actions and implementation of any or all of the Districts powers as created by legislature are to and must not be inconsistent with Collier County's plans. This insures compliance with county land development regulations and concurrency requirements. I haw reviewed the proposed land area on which the District will be established to determine if there are any regional systems, services, or facilities, which through their existence would be problematic to the function and purpose of the District and have found no such facilities. In fact, the establishment of the District will assure that continued growth follows that of the already approved Fiddler's Creek Master Plan who's construction began under of Fiddler's Creek Community Development District #1. Therefore, in my opinion as Page 29 of 32 ~$erver~worlcfiles~PROJEC~FIDDCRK\CDD\CDD2~ddlcrscreck_cdd2_final.doc MICHAEL F NOV 1 9 2002 FIDDLER'S CREEK CDD #2 COLLIER COUN'Pi', FLORIDA Final: 8/22/02 the establishment of the Fiddler's Creek Community Development District #2 creates no problems relating to factor five and ensures that development occurs as planned and approved by Collier County in the proposed land area for the District. Factor Four: Whether the Distr'[ct is the best alternative available for delivering community development services and facilities to the area that will be served by the District. From a planning perspective there are three alternative ways to provide basic systems, facilities, and services to the community development on the proposed land area in Collier County. The first is in the private sector using: developer managed improvements, separate private infrastructure contractors, private utility companies, home owners associations, or any combination of these and related private forms of financing. The second is in the public sector using: the county itself, county management and £mancing through dependent Districts, or county management through the use of County Municipal Service Taxing Units (MSTU), or County Municipal Service Benefit Units 0ViSBU) to finance the management by the county. The third alternative would also be public but through the specialized but limited and single purpose independent Corm~unity L ',velopment District created by Chapter 190, Florida Statutes, which provides collaboration and coinciding of public and private interest and capabilities. When considering alternative from a planning perspective it is important to consider: whether the alternative offers the highest quality of services and facilities, whether deliver these facilities in a timely manner and as services and facilities are required, Page 30 of 32 MICHAI~. \~Serv¢flworkfiles~PROJE~DCRK\CDD\CDD2~fiddlersereek_cxld2_fm~l.doc is ~hl~ tn vhetl r NOV 1 9 2002 FIDDLER'S CREEK CDD #2 COLUER COUNTY, FLORIDA Final: 8/22/02 management is responsive over the life of the development, and whether it can obtain and maintain long term financing to facilitate the management benefits. The supply of infrastructure in advance of the impacts of the actual development concurrency is an important consideration. In this regard, it is vital to have an understanding of the commUnity development infrastructure commitments during the master planning process to properly and efficiently phase the construction of the community development facilities. This allows a full utilization of construed facilities before new branches of those facilities are constructed. The statutory District reporting mandates described previously can be utilized by Collier County as a concurrency management mechanism to implement applicable provisions (i.e., Future Land Use Element, Capitol Improvement Element, etc.), of its Growth Management Plan. The Community Development District alternative means of providing community development systems, facilities and services allow for a cooperative concurrency management program between the county general purpose government and the District special purpose local government. Long term and sustained adequacy and efficiency of infrastructure are important, and I note that among the three alternatives '. ,~e District would more closely and efficiently manage services and facilities given the District's sole responsibility is the community.development's infrastructure needs, both immediate and in the long term. Further, a District can be more responsive to the residents of the community development and any other affected parties, than ~hil;tv r~r can be provided by the alternatives, which either have a broader public accounl narrowed interests. Page $1 of 32 MICHAEl. \~Scrver~workfilcs~PROJE~DCRK\CDD\CDD2~fiddI¢ rscreek_cdd2-final.d°c NOV 19 21)02 FIDDLER'S CREEK CDD #2 COLLIER COUNTY, FLORIDA Final: 8/22/02 Regarding the important planning principles of long-term implementations and maintenance, I find that among the three alternatives the District's unique operational and management role would provide the community development services and facilities. These would not be otherwise provided for by the alternatives at such a high level of quality, particularly in the long term. Collier County could supply the community development infrastructure, but it does not have the opportunity for phasing flexibility, nor does it have focused attention for monitoring and maintenance, as does the District. This is again due to Collier County's general purpose, where it must be responsive to multiple community development and other special intere3t, whereas a District created by law and established by county ordinance pursuant to chapter 190, Florida Statutes, has a singular special interest of the community development that it sen'es. The private installation of the community development infrastructure, while providing quality systems, services and facilities may not have the management and maintenance longevity, particularly when the community development is "built-out" and traditionally turned over to homeowners and/or condominium associations which traditionally are only interested in their individual association matters. The Fiddler's Creek Community Develcpme~ t District #2 on the proposed land area is the most appropriate means of providing community development systems, services and facilities because it is funqtionally involved in the overall physical master planning of the development. It will: equitably distributing the cost and responsibilities to users of the systems,' services, and facilities, provides for long term maintenance, and provides a greater assurance that residents of AGENOA IT~M' the Fiddler's Creek Community Development District #2 will have a sustained quality Page 32 of 32 \~Scrvcr~workffles~PROJ~CT~lDDCR.K~CDD\CDD2~iddlcrscreck_cdd2_rmal.d~ MICHAI~. ~ NOV 1 9 2002 Exhibit "9" ACKNOWLEDGMENT The Uniform Community Development District Act of 1980, chapter 190, Florida Statutes (1999 and hereafter except as otherwise noted)("Fla. Stat. hereafter"), restricts and limits expressly the exercise of the state-created District's exercise of its state charter powers. The petitioner acknowledges that the District's Board of Supervisors is bound legally and ethically to exercise its general and special powers subject to, and not inconsistent with, the laws and regulations contained in the Collier County Water-Sewer District Special Act, and any applicable P.U.D., preliminary subdivision plat and/or development order as provided in sections 190.004 and 190.012, Fla. Stat. In light of the statutory restrictions and mandates upon the powers and functions of a community district discussed below, the District will not and cannot diminish the customer base of the Collier County Water-Sewer District. Collier County under its ordinance is the permanent provider of water and sewer service to the development on which the Conununity Development District will be established. Also, the 1988 Special Act reestablishing the Collier County Water-Sewer District provides in Section 21 that: 1) Collier County can mandate connection to its water and sewer facilities; 2) Collier County can require installation and dedication of water and sewer facilities to the County; and 3) no water and sewer facilities can be built within the water-sewer district unless County Commissioners sitting as the Water-Sewer District Board gives its consent and m C'nllier tpprov .ae--,----~--- NOV 1 9 2002 sunshine requirements" This law means that no decision of the Board of Supervisors cm in secret, and that Collier County will be given ample noticed opportunities to monitor th The land area which the District will serve is in the jurisdiction of the dependent Collier County Water-Sewer District and is subject therefore to the terms of the 1988 Special Act. The community to be served by the District is also subject to P.U.D. and preliminary subdivision plat. In addition, the land area involved is also subject to Collier County Ordinance No. 98~69, as amended, utility facilities requirements, as well as the state, regional and local comprehensive plans, permitting agencies and all related land development regulations. The Florida Legislature, in section 190.002(1)(a), Fla. Stat. (1991), has found expressly that the Community Development District is a solution to the management and capital infrastructure financing problems faced by counties. In solving these problems, the Community Development District also provides a method of servicing projected growth without over burdening other local governments and their taxpayers. The Legislature has found the Community Development District, a management entity, is a legitimate solution to infrastructure delivery challengeds. It is also the expressed policy of the legislature that Community Development Districts are ".... a legitimate alternative method available for use by the private and public sectors, as authorized by state law, to manage and finance basic services for community development." s. 190.002(2)(b), Fla. Stat. (1999). This quoted language means that the District is a management tool for both Collier County and the petitioner. This management tool is to be used by both the developer and the county as authorized in chapter 190, Fla. Stat. In section 190.002(1)(b), Fla. Stat., the Legislature has found also that it'is in the public interest that "...the operation of such a district and the exercise by the district of its powers be consistent with applicable due process, disclosure, accountability, ethics and government-in-the- exercise ldO¥ 1 9 2002 of the Board of Supervisors' special limited management powers, including those dealing with water and sewer services. In other words, this language mandates that the district board of supervisors as a local government works with the Collier County local government. In regard to possible conflicts between general purpose local government laws and actions of this Community Development District local government, the Legislature has stated expressly as its policy that the exercise by the district of its powers "...comply with all applicable governmental laws, rules, regulations and policies governing planning and permitting of the development to be serviced by the district to ensure that neither the establishment nor operation of such a district is a development order under chapter 380, Fla. Stat., and that the district so established does not have any zoning or permitting powers goveming developments." s. 190.002(2)(c), Fla. Stat. In addition, section 190.003, Fla. Stat., provides that a Community Development District shall function in such a manner "...that all applicable planning and permitting, rules, regulations and policies control the development of the land to be serviced by the District." Even more illustrative of the Legislature's intent is its dispositive language in the "preemptive and sole authority" section of the Uniform Community Development District Act. s. 190.004(3), Fla. Stat. First, the statute states specifically that "...[a]ll governmental, planning, environmental and land use development laws, regulations and ordinances apply to all development of the land wih,in a Community Development District." Id. Since the Collier County Water-Sewer'District Special Act is a law of Florida, it applies to all development within the land to be serviced by the proposed Community Development District. Since "all development" includes by definition utility and other services, the Collier County Water- Sewer District requirements apply to all developr applicable land area, even after the establishment of the Community Development Dis 3 . AGENDA ITE~ ~ents~ iriCtlq0V 1 9 2002 OCT 03 '02 11:23AM Y V & V P.~/13 WKO~NO, V~L~T ~x$$ENDERP, VA~NADOE ,~: -ANDERSON, P. ATTO~N£YS AT LAW REPLY 'To: R, I~,RUCE ANDERSON CLAY C. BROOK£R TASHA O. DANIEL H. Cox Ro~ C. Young DAVID B. ERWIN A,J, Jl~ S~ Tallahassee 1 October 2002 ~ALLIC'$ HALl, PPg ~U~H ADAMS Surrg Posy OF?~C~ BOX 1833 (~P 3~30~-I833) ~uNT~usT ~u:~mNo BOI ~UREL O~ DRIVE Po~ O~¢E Box 7907 (~P 34~01-7907) TeLePHONe (~3~) ~97-2814 TELECOelER (~39) 5~7- Gleam tL Heath, AICP Principal Planner Collier County Government Community Development and Environmental Services Div. Planning Services Department 2800 North Horseshoe Drive Naples, FL 34104 Dear Glmu: Thank you very much for your telephone call this morning and thc subsequent receipt of your letter of this date to which I now respond as requested and thank you for thc opportunity to do so: Is the typed name of the landowner, on the "landowner's Consent" correct? Count), staff has documents, not related to the CDD, containing alternative spellings. Answer: 8. The spelling is correct. The fide of Exhibit 5, the proposed timetable, refers to "Phase 1 CDD infrastructure'". This reference appears to conflict with the table contained within the exhibit that refers to four (4) phases. Please clarify. ' Arlsw~r;. By way of clarification, there is no conflict but I apologize for the confusion. The difference between "Phase 1 CDD infrastructure" and the four phases in Exhibit 5 is: 1. "Phase 1" in thc title references the devdopmont; NOV 1 9 2002 Pi[ Glenn E. Heath, AICP Collier County Government 1 October 2002 Page 2 The four "phases" in the table are a different subject, that is, the ~nfTastrueture provision proposed timetable required by subsection (1)(a)6. ]is the petitioner for the Fiddler's Creek CDD #2 currently seeking to be vested with the "special Powers", as referenced in Section 190.012(2)(d), Florida Statutes? The petition is unclear on this point. Answer: No. Under Section 190.012(2), Fla. Stat., none of those special powers, though granted already to the District by its state created charter, may be exercised without the board of supervisors of the District obtaining consent from Collier County to exercise the granted powers (there is no concept of vesting because the powers have already been granted). Therefore, the petitioner, because the District does not yet exist~ may not request in its petition such consent to exercise those powers. It is contemplated that the petitioner will ask the board of supervisors of the District, upon establishment, to ask the County Commission to consent to the exercise of at least that certain special power already granted to the District in Section 190.012(2)(d), Fla. Stat. I hope this summary helps. The "Statement of Estimated Regulatory Costs" does not reference an author or responsible individual. Please provide the name and credentials of this person. Answer: The author of the Statement of Estknated Regulatory Costs is Dr. Hank Fishkind and his credentials are a~tached. The law does not require a particular set of qualifications for this information and merely requires the Petitioner to provide the statement; Dr. Fishkind is an economist who has prepared many such statements. I'm sorry we didn't get you that information. E. Please provide a resume for Mr. W. Terry Cole, the project engineer. Axlswer: Attached is a resume for W. Terry Cole, the project engineer. Under l~Ir. Cole's consideration of"l~aetor Four", on page 6 of his statement, the third paragraph appears to be garbled. Please provide a corrected version. AGE. h[~A ITEIvl OCT 83 '88 11:83AM Y ¥ & V P.~×13 Glenn E. Heath, AICP Collier County Government 1 October 2002 Page 3 Attached is the corrected version of the Cole consideration of Factor Four on page 6 the word "to" on line two thereof should be stricken. Sorry for the inconvenience. Ge In the statement provided by Michael Redd & Associates, P.A., on page 4 of 32, under the discussion of Factor One, please provide the correct citation of Florida Statutes. ,~ilswer: On page 4 of 32 in the statement by Michael Redd & Associates, P.A., under the discussion of Factor One, the citron to thc Florida Statutes is correct but not specific. Thank you for this request. Accordingly, the specifically correct reference is section 190.005(2)(a), F.S., which refere~tces in turn section 190.005(1)(a) 1 - 8, F.S. Is thi.~ reference what you needed? Regarding your questions from your Collier County Utilities st~t, please note: Please clarify the relationship of the proposed CDD #2 to the existing CDD. In essence, please identify the current proposed boundaries of the existing and proposed districts. Answer: Attached is an identification of the current boundaries of thc existing CDD and thc boundaries by metes and bo'ands of the proposed land area for CDD #2. The relationship of the Fiddler's Creek Community Development District and thc Fiddler's Creek Commumty Development District #2 (for thc indicated proposed land area) is that of adjacent local governments: 1. They both are subjcct to the same state-created charter limitations; and They have the authority to coordinate informally or formally (for example, by section 163.01, F.S., intcrlocal agreements, which by law shall not expand or alter their state charter limitations and powers, sections 163.01(2) and 163.01(4), F.S.). Is this clarification what you needed? B. Please Provide a listing of the services that you intend for CDD #2 to cover. AJ~wer~ As best as I am apprised, the petitioner for the Fiddler's Creek Community De District #2 contemplates asking the board of supervisors of the District upon cst~ to provide the following systems, facilities and services: roads, street lights, &ai~ tge, ~ NOV 1 2002 OCT 0~ '0~ 11:~4~M Y V & V P.5/1~ Glenn E. Heath, AICP Collier County Government 1 October 2002 Page 4 and sewer utilities, landscaping, earthwork, wetland mitigation and related matters. Also, the petitioner probably will ask the board of supervisors of the District to seek consent from the board of county commissioners £or District board exercise of the state granted special power of security under Section 190.012(2)(d), Fla. Stat. From time to time, the District board of supervisors may provide other systems, faciJities and services so long as they are "subject to," "not inconsistent with" and "in compliance with" the regulatory jurisdiction and regulatory authority of Collier County and all other applicable governmental bodies and agencies having authority to any area included within the boundary of the District, which is a brief summary of the direct and express limitations by thc state created charter on the power of this District as it implements its single and special purpose to provide infrastructure to thc proposed land area. See section 190.002(2)(c), F.S., "comply"; 190.004(3), F.S., "not inconsistent"; and 190.012, F.S., "subject to". C. In Exhibit 5 the narrative indicates that utilities will eventually be assumed by Collier County. Therefore, please break down/itemize the components of the $7,601,000 in utilities costs referenced within the exhibit. The figure of $7,601,000 does not relate to utilities; the figure of $8,829,000 does relate to utilities known to date. Any requested bre. akdown and itemization of what will eventually bc assumed by Collier County under thc Collier County Water-Sewer District requirements are to be finahzed between thc District once established with the Collier County Water- Sewer District, the normal practice in Collier County as required by law. Under section 190.005(1)(a)6, F. S., Exhibit 5 is informational only and not the basis for breakdown and itemization, again, consistent with Collier County provision and the law, because it is non- binding and subject to change under the law. However, as the law also requires, it must be disclosed in good faith. Accordingly, I'll try to see if we have any more information. D. 1) A~vcr: Allswer: Does the development covered by CDD #2 include multifamily projects? 'Yes It is the policy of the County Utilities Department not to assume ownership of utility lines servinll multifamily units. We agree and understand. AC~N~A NOV 9 2002 OCT 0~ Glenn E. Heath, AICP Collier County Government 1 October 2002 Page 5 Please apprise me as soon as possible about any questions fxom the County Transportation Department and I shall respond as soon as I can. It is a pleasure to respond to these que~ons. Call if you need any follow up information (which I am happy to handle by telephone or e-mail so that I can expedite these matters on my pan to make sure that we meet the 5 November 2002 deadline). I'll be pleased it to you. KvA/kdr Attachments cc: Mr. Stan Lit, singer Ms. Margaret Wuerstle Mr. Joseph K. Sctanitt Mr. Patrick White Mr. Roy Anderson Mr. Mark Strain R. Bruce Anderson Daniel H. Cox Timothy S. Franklin K:\Us~r~t'oldcn~le~th letter 10-2-02.wpd AG~A NOV 1 9 2002 10I~2t~2 i?-C~T~ 03 'OP 11:24AM Y V & V Frem:Jud¥'Hi~er 382-)256 Professional Qualifications EduCation , '~, ,¢,' Bachelor of Arts, Economics ,,', ' Syrac3~_ _- UnivcrsiV/ July 1971 Doctor of Philosophy, Economics Indiana Oniversi~ ,.. Empio~nnent Record ePartner Vintage Chips president Fishkind & A.ssociates, Inc. Presid=nt triG. Lewis ]~conome~a4cs, In¢, Henry H. Fishkind, PhD President 1994-Pr~nt '":'," 1988 Present ' '*' ",,, 1984-1987 ,, Associate Director For Programs Bureau of rw~nomic and BuMncss Research U~iversity of Florida Bconomist/A.ssociate Professor University of Florids Economic ~alysis Econm~C Modcli~ project Finar,~ & Fe~i.bility Financial Auslysis &: Advisory Fiscsl Ar~lysis Milits~ Base Analysis Litigation Support R. cal Estate Economics 1980-1983 1975-1983 Profe~jonsl Synopsis Selected Client List '( Arvicta , A. Duda 8: Sore ' State of Flori~ , ,. Champ_ion .R~lty_ . ,, '.. Chss~ ~ttan i~an~ ',' 19; City of Ft. Laudcrdale . , City ot l-lolL _y~_oo~,. "'. ";, csl~RinkerlV~.te~,)s ' '?" :' m · or Central Florida Amact~on Comp Y E~on Eleciric lnsti~ ",', Flshkind and ~u~m~ ~e Homes Florid~ Ele, ctric P.o..wex Coop...Cnlo. up Florids Home Builders Assocmuon Florids Power Corporation ITT Co~._unity.D~..velopment McArthur F.o..muls¥on . . Orlando Ugliues ~ssxon Tampa ElecUiC Trammell Crow~ Inc ..... Westinghou~ C.o .r~n. ur~,,u! ~ U.S. Dep-ar~ent oI jm;ic~ AGE. mA ITE~ ~ OCT 0~ '02 ll:~SAM Y V & V P.~×13 Hole Montes, Inc. 950 Encore Way Nsples, Ft~da 34110 Phone: 941254.2000; Fmc 941.254.2099 W. Terry Cole, P.E. Position: Vice President Education: Professional Registration: Professional Affiliations: Bachelor of Science, Civil Engineering, Texas A & M University, 1983 Professional Engineer, Florida American Society of Civil Engineers Professional Experience: Mr. Cole has experience as a project engineer and project manager on both civilian and military engineering projects. He has been involved in planning, design, permitting and construction on a wide variety of facilities. At Hole Montes, Mr. Cole is a vice president and has been project manager for many land development and municipal projects. He has managed projects from the design and permitting phases through construction inspection and infrastructure acceptance. Some of Mr. Cole's major projects include: drainage and roadway improvements in Pine Ridge Industrial Park ($6-million construction cost); Quail West. a 1,2OO-acra residential development including a 36-hole golf course; Fiddler's Creek, a 3,930-acre residential golf course development; Olde Cypress, a 470- acre residential golf co.~Jrse development; Bridgewater Bay, a single/multi-family development; the master planning and design for First Baptist Church (IO0-acre project); Longshore Lake, a residential community; and several projects for Naples Community Hospital and Collier County Public Schools. In addition, Mr. Cole has designed facilities on many other commercial and residential sites including Radiation Therapy Center, Teddy Bear Museum, Sports Authority, Collier County Production Park, North Naples Medical Park, Wodd Tennis Center, Briarwood. Safe Harbor and Seacrest School. He also serves as the district engineer for the Fiddler's Creek community Development District and Lely Community Development District. As staff civil engineer and head of facilities management (U.S. Navy), he was responsible for maintenance and con.' ruction of hospital facilities. Mr. Cole directed a public works maintenance department and coordinated the design and construction of base facilities. He also managed a budget of $2 million per year for maintenance and utilities for base facilities. . As resident officer in charge of construction (U.S. Navy), Mr. Cole was a contracts administrator. He supervised coordination, planning, inspection, change order negotiation and project acceptance for a wide variety of projects (more than 100 projects) with a total construction value of $23 million. Projects included runway and taxiway improvements, drainage and sanitary sewer improvements for base facilities and construction and renovation of new and existing buildings. NOV 1 9 2O02 OCT 03 '02 11:25AM Y ¥ & V P.9/13 FACTOR. _O_ It is now logical to revi~v Factor Four. To determine if there are any reasons why establishing the District constitutes needless proliferation of government services, it must be considered if it will be thi best alternative to provide the required and desired services, systems and facilities to the proposed land area on which the Dimic~ is to exist. There are three major public and private alternatives for the provisions of in~rastructure systems, facJh'ties, and services to proposed functionally interrelated community developments. Purely private alternatives' include a developer, and a homeowner's association. The first public alternative is a Community Development District. The other public alternatives include the County, County management with a Municipal Service Taxing Unit (MSTLO or Municipal Service Benefit Unit OvISBU), 'County managenaent and financing by dependent special districts, and other regional and local independent districts. In reviewing these alternatives for the particular land area in question in Collier County, I reviewed the availability of existing services, thc effort and cost requir~ to rxtcnd service to the community development, the cost of providing daily service, and the long term level of ~pan~.$ement and maintenance required for the systerns, facilities and services. From an engineering persp ctive, although Collier County has decided' under most circumstanc~ to provide water, sewer, and irrigation services through a dependent district, the County has not determined to provide other infrastructure to comm;m;~ty developments. The County is not, in my opinion, the best alternative to provide tho~e other systems, facilities and services from an engineering viewpoint for the following reasons: · The County has not master planned, designed, nor funded those o£ NOV 1 1002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO. 02- AN ORDINANCE ESTABLISHING THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NUMBER 2; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; NAMING THE DISTRICT; PRO'vqI)ING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, DY Land Associates Ltd., has petitioned the Board of County Commissioners (Board) of Collier County, Florida, a political subdivision of the State of Florida, to establish the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT # 2 (District); and WHEREAS, the Board of County Commissioners, after proper published notice has conducted a public hearing on the petition and determined the following with respect to the factors to be considered in Section 190.005(1)(e), as required by Section 190.005(2)(c), Florida Statutes: The petition is complete in that it meets the requirements of Sections 190.005 (1)(e)2., and 190.005(2)(a), Florida Statutes; and all statements contained within the petition are true and correct. Establishment of the District on the land proposed in the petition is not inconsistent with any applicable element or portion of the local comprehensive plan of Collier County, known as the Collier County Growth Management Plan, or the State Comprehensive Plan. The proposed area of !and within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. The District is the l:est alte mtive available for delivering community development services a:~d facilities to the area that will be serviced by the District. The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. The area that will be served by the District is amenable to separate special-district government; and Pi[ 1 2 3 4 $ 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 ~ 44 45 46 WHEREAS, it is the policy of this State, as provided for in Section 190.002 (2) (c), Florida Statutes, that the exercise by any independent district of its powers as set forth by uniform general law comply with all applicable governmental laws, rules, regulations, and policies governing planning and permitting of the development to be serviced by the district, to ensure that neither the establishment nor operation of such district is a development order under chapter 380 and that the district so established does not have any zoning or permitting powers governing development; and WHEREAS, Section 190.004 (3), Florida Statutes, provides that all governmental planning, environmental, and land development laws, regulations, and ordinances apply to all development of the land within a community development district. Community development districts do not have the power of a local government to adopt a comprehensive plan, building code, or land development code, as those terms are defined in the Local Government Comprehensive Planning and Land Development Regulation Act. A district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government; and WHEREAS, pursuant to Section 190.012, Florida Statutes, upon the establishment of the proposed community development district, the District Board of Supervisors will have the right to seek consent from Collier County for the grant of authority to exercise special powers without question as to the continued right, authority and power to exercise its limited powers as established by this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AUTHORITY FOR ORDINANCE. This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and applicable provisions of law governing county ordinances. Whereas clauses are deemed to be true and correct and are adopted as additional authority as if fully, and, set forth herein. Lastly, the State created charter for the District is recognized as Sections 190.006 through 109.041, Florida Statutes. SECTION TWO: ESTABLISHMENT OF THE FIDD, ,ER'S CREEK COMMUNITY DEVELOPMENT DISTRICT # 2. The Fiddler's Creek Community Development District #2 is hereby established within the boundaries of the real property described in Exhibit "A" attached hereto and incorporated by reference herein. SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS. The following five persons are herewith designated to be the initial members of Supervisors: 2 ~f thl~xO~ NOV 1 9 2002 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35- 36 37 38 39 40 41 42 43 44 45 Rhea Riegalhaupt 6001 Pelican Bay Boulevard, #1206 Naples, FL 34108 Randy Byrnes 2587 Half Moon Walk Naples, FL 34102 Arthur Woodward 1136 Edington Place Marco Island, FL 34145 George Schmelzle 1119 Augusta Falls Way Naples, FL 34119-1362 Clifford (Chip) Olson 1020 Goodlette Road, Suite 200 Naples, FL 34102 SECTION FOUR: DISTRICT NAME. The community development district herein established shall henceforth be known as the "Fiddler's Creek Community Development District #2." SECTION FIVE: STATUTORY PROVISIONS GOVERNING DISTRICT. The Fiddler's Creek Community Development District #2 shall be governed by the provisions of Chapter 190, Florida Statutes, and all other applicable general and local law. SECTION SIX: CONSENT TO SPECIAL POWERS. Upon the effective date of this Ordinance, the Fiddler's Creek Community Development District #2 will be duly and legally authorized to exist and exercise all of its general and special powers as limited by law; and has the right to seek consent from the Collier County Board of County Commissioners for the grant of authority to exercise special powers in accordance with Section 190.012(2), Florida Statutes, without question as to the district's continued right, authority and power to exercise its limited powers as established by this Ordinance. The District Board's authority to exercise special powers may include the power to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural, and educational uses; and (ii) security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by prol~er gr ~emmental agencies; except that the District may not exercise any police power, but may contrac, with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries; all as authorized and described by Section 190.012 (2)(a) through (d), Florida Statutes~ SECTION SEVEN: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordina~ ~.. invalid or unconstitutional by any court of competent jurisdiction, such portion shall b deerh~[l~A r NOV 1 9 2002 1 2 3 4 $ 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 36 37 38 39 4O 41 43 44 separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to sectxon, "article," or any other appropriate word. SECTION NINE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this . day of j 2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK BY: JAMES N. COLETTA, CHAIRMAN , Deputy Clerk Approved as to Form And Legal Sufficiency PATRICK G. WHITE, Assistant County Attorney 4 NOV 19 2002 OCT OB '0~ ll:~6AM Y V & V P.10~iB ~ I AGF..J~A I'~ ! ~ ~ 951 COLUm BOULEVARD N0Vl 2002 ~- FIDDLER'S CREEK COMMUNITY DEVELOPMENTi ~'~~ ~ -- OCT 03 '08 11:86AM Y V & ~ NOV ll:27~M Y V & V P.12 ~CT 03 '0~ i i OCT 83 '0~ 11:27AM Y ~ & ¥ ,i ; ijlnlMi P. 13/13 Z~ 9 2oo2 MEMORANDUM DATE: November 13, 2002 NOV I ~ 2002 TO: Jim Mudd, County Manager FROM: Tom Henning, V~ce Chairman " .... - .............. Commissioner, l~strict 3 SUBJECT: November 19, 2002 BCC Agenda Please include the attached item on the upcoming November 19, 2002 BCC Agenda for discussion and decision. Feel free to use my memo as back-up material or as part of the Executive Summary. Thank you for your attention to this matter. Tom Henning, Vi ~? Chairman Commissioner, District 3 TH:mst MEMORANDUM DATE: TO: C: FROM: SUBJECT: November 12, 2002 Board of County Commissioners Jim Mudd, County Manager Tom Henning, Vice Chairman Commissioner, District 3 Evening Board Meetings We have made great strides in the recent past in land-use decisions. I do not need to remind you of where we were and the direction we are currently heading. I believe there is always room for improvement in serving the people: both the residents and the visitors of Collier Coun'~y. Therefore, I am asking for your supporting vote to split our Board meetings and return to weekly meetings. It is my opinion that moving land-use and transportation items to bi-monthly evelfing meetings, to be held on the opposite weeks of our Tuesday Board meetings, will give the opportunity for better public participation. Currently, it is the people who are directly affected by our extremely important land-use and transportation decisions that are not able to attend our meetings and express their concerns. Due to the fact that there will be no additional items added to our agenda, this plan should impose little or no additional costs. Furthermore, I have noticed many working hours wasted by Staff members in the Board meetings, waiting for their items to be heard. We em eliminate many of these wasted hours with this proposal. The same for the public sec )r, they also wait literally hours for five minutes of our time. By moving Transportation and Community Development items to evening meetings, the end result would be; more public participation, less wasted Staff hours and greater government. Thank you for your consideration. TH:mst rn Henning~, V~~~ Commissioner, District 3 NOV 1~ 20~2 EXECUTIVE SUMMARY APPROVE A REVISED RIGHT-OF-WAY PERMIT AND INSPECTION FEE SCHEDULE FOR THE TRANSPORTATION OPERATIONS DEPARTMENT OBJECTIVE: To present a review of right-of-way permitting costs, to introduce several new permitting concepts, and to request the Board's approval of a revised fee schedule. CONSIDERATIONS: During the budget workshops last spring, the Board directed staffto review the costs and fees for right-of-way permitting toward the end of making this function self-supporting. In June 2001, the responsibility for issuing right-of-way permits along County arterial roadways, with the exception of 1-75 and all other State roads, was transferred from the Community Development and Environmental Services Division's Engineering Services Department to the Transportation Services Division's Transportation Operations Department. That responsibility was taken on with a single person and no clerical support. In April 2002, right-of-way permitting for all roads in Collier County, with the exception of 1-75 and ali other State roads, came under the responsibility of the Transportation Operations Department. To adequately service this function, the Right-of-way Permitting and Inspection Section was structured as a major component of the Transportation Operations Department. There is a Section Manager, an Administrative Assistant, three Project Managers rather than the initial one, and an Engineering Technician. Attachment No. I is an organization chart for the Section along with a list of the typical duties for the personnel assigned to the Section. In addition to issuing right-of-way permits, this Section performs all Maintenance of Traffic (MOT) reviews, inspects all work performed under the permits issued and sets benchmarks and grades for single- family and two-family home driveways. Attachment No. 2 is a detailed analysis of the existing and proposed fee schedules. In addition to the fees for processing and inspecting work under right-of-way permits, staff is proposing a "Lane Use Fee". This fee is to cover the costs to the public for those situations where an individual or contractor must close a lane or multiple lanes to perform work necessary for a specific site. The fee is structured to encourage work in the off-peak times of year. The revised fee schedule has been presented to the Productivity Committee and to the Development Services Advisory Committee for their review. FISCAL IMPACT: The current estimated cost to operate the Right-of-way Permitting and Inspection Section is about $510,000 annually. Based on the six months of operation in fiscal year 2002, staff estimates that about 50% of the costs of the Section were recovered via right-of-way permit fees. The proposed schedule of fees (Attachment No. 3) will offset all costs for fiscal year 2003, if the parameters set forth in the analysis hold true (Attachment No. 2). Therefore, there should be no fiscal impact if the Section breaks even for the fiscal year. Any lane use fees that are collected will be placed in a separate account and will be used for Transportation System Management improvements, such as lengthening mm lanes, modifying median openings, adding mm lanes, etc. NOV 1: 20 2 GROWTH MANAGEMENT IMPACT: There is no growth management impact from this proposed change in fee schedules. RECOMMENDATION: That the Board of County Commissioners approves the proposed revised fee schedule; authorizes the Chairman to sign the attached Resolution; and, authorizes staff to provide whatever documentation or procedures are necessary to carry out the Board's direction. ~ /~ 'Edward'Ji Kant, p.l~,~ortation Operations Director Mitch Riley, PE, Rigl~t-of-way Permitting and Inspection Section Manager APPROVED BY: Lf-~'~b~~//d/'~''t' n /~/~*k/7~';C 7~4z'/cz'~ DATE: lqorman E. Feder, AICP, T~finsp'ortation Administrator Attachments: No. 1 - Section Organization Chart No. 2 - Right-of-way Permitting and Inspection Fee Analysis No. 3 - Proposed Resolution and Exhibit "Al" Fee Schedule NOV 0 5 2002 pg. ell,Il Po. ~ Ri~ht-of-way Permitting and Inspection Section Fee Analysis There is significantly more involved in the permitting function than merely providing the intake and issuing a Permit. Among the tasks required for each permit, regardless of whether for a residential structure or a commercial building, are: Log in, engineering review, MOT review, travel time for inspections and inspection time, permit closeout and filing. In addition, residential permits require a stakeout for driveway grades and commercial permits require a verification of as-built conditions and multiple inspections. The following "quick look" at our activity over the past four months will provide a window into the scope of this activity: Month Permits Issued Walk-ins April 208 39 May 207 83 June 180 87 July 185 80 Au.qust 248 7'1 Average 206 72 Based on the number of current personnel and the available hours for those personnel, additional staff may be needed to provide the same level of service to keep up with continued growth. The following table documents this issue: Permit Type Permits issued/year Averaqe time/Permit Total time Residential 1800 3 hours 5,400 hours Commercial 500 12 hours 6,000 hours Misc. 100 2 hours 200 hours Estimated total hours required: 11,600 HOURS Based on current staffing, there are about 10,680 hours available annually (6 people X 1780 hours/person), without overtime. The current annual cost of operating the Section is about $510,000. Given the man-hours available provides an hourly cost (rate): $510,000 / 10,680 = $49.06 per hour For ease of computation, say $50.00 per hour Hours Der Permit Res. 3 Comm'l. 12 Misc. 2 Avg. Cost per Hour $50.00 Avg. Cost per Permit $150.00 $600.00 $ oo.oo AGEND --~ NO. /or~' N0¥ Pg. 05 20[ ,-/ Right-of-way Permitting and Inspection Section Fee Analysis (con't) In addition to the basic permitting services, we are performing significantly more work to assure that the various contractors working within Collier County's rights-of-way keep MOT as specified in their permits. To this end, there are many hours spent reviewing MOT in the field and responding to complaints about inadequate MOT. This added emphasis on MOT is consistent with the CAA 5807, Maintenance of Traffic as set forth in the Practices and Procedures Handbook (the Collier County "Green Book"). It is not unusual for any one of our Project Managers or Technicians to have to travel from one end of the county to the other just to keep up with the flow of work and to maintain the standards that the building industry has requested to assure that they are not unnecessarily held up in the pursuit of their goals. The following is a comparison of the existing and proposed fee schedules: Typ~ Right-of-way Construction Renewal of unexpired or incomplete permit Re-inspection - First Second Third All subsequent inspections Jack-and-Bore Open-cut Construction Sprinkler Head Placement in R/W Turn Lane Construction Proposed Fee Residential or Nonresidential Residential Nonresidential (No distinction made Small* Large*. in cu~ent ~e schedule) $125.00 $ 150.00 $ 600.00 $1500.00 $50.00 $ 100.00 $ 300.00 $ 750.00 $50.00 $ 100.00 $ 100.00 $ 100.00 $75.00 $ 150.00 $ 150.00 $ 150.00 $100.00 $ 200.00 $ 200.00 $ 200.00 $100.00 $ 250.00 $ 250.00 $ 250.00 $170.00 $ 250.00 $ 500.00 $1000.00 $235.00 $1000.00 $1000.00 $1000.00 $25.00 $ 50.00 $ 100.00 $ 250.00 $125.00+$50/dayinsp. Fee N/A N/A $1500.00' There are a number of footnotes that accompany the proposed fee schedule that are omitted here for brevity, but which are shown on Attachment No. 3 to the Executive Summary. AGENDA ITr~M No. /fly NOV 0 5 2002 pg. 5" 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 . 46 47 48 49 50 51 52 53 RESOLUTION NO. 02- A RESOLUTION OF THE BOARD OF COUNTY COI~LMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A REVISED SCHEDULE OF FEES FOR RIGHT-OF- WAY PERMITS AS ORIGINALLY SET FORTH IN RESOLUTION 2000-455. WHEREAS, Collier County Resolution No. 2000455 sets forth the requirements for fees for permits for work within the fights-of-way of Collier County; and WHEREAS, Section E of Exhibit "A" of Resolution No. 2000455 sets forth the fees to be charged for the various types of permits; and WHEREAS, staff has fully evaluated the costs of reviewing, inspecting, processing and evaluating these r/ght-of-way Permits; and WHEREAS, the new or increased fees for certain development related activities including, but not limited tn afiwwa,, construction, utility work, turn lane improvements and irrigation are reflective of the actual cost of processing, reviewing, and inspecting such permit work; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby declares that the fees set forth in the Revised Schedule of Fccs for Right-of-way Permits, attached hereto and incoroorated herein bv reference as Exhibit "Al", are fair and reasonable sums to bc assessed to thos~ M~c, re,.:eive th~ b~n~fit~ of thc~e '~crvicc~, review& and i~i~[,~tiu.:, ,~qu;, ~d by dtc Laud Development Code and the County permitting process. BE IT FURTHER RESOLVED that this Resolution relating to fees in the Land Development Code is recorded in the minutes of this Board and that the pertinent section of Resolution numbered 2000455 is hereby superseded by the adoption of this Resolution. This Resolution adopted after motion, second and majority vote favoring it. Done the day of 2002 ATTEST: DWIGHT E. BROCK Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. Deputy Clerk James D. Colet~a, Chairman Approved as to form and lega sufficiency: A I~eidi 1~. Asthtor[ - Assistant County Attorney NOV 0 5 2002 Exhibit "Al" E) Right-of-way Permits Type Residential Non-residential Small* Large* Right-of-way Construction $ 150.00 $ 600.00 $1500.00 Renewal of unexpired or incomplete permit $ 100.00 $ 300.00 $ 750.00 Re-inspection-First $ 100.00 $ 100.00 $ 100.00 Second $ 150.00 $ 150.00 $ 150.00 Third $ 200.00 $ 200.00 $ 200.00 All subsequent inspections $ 250.00 $ 250.00 $ 250.00 Jack-and-Bore ~ $ 250.00 $ 500.00 $1000.00 Open-cut Construction \ $1000.00 $1000.00 $1000.00 Sprinkler Head Placement in R/W $ 50.00 $ 100.00 $ 250.00 Turn Lane Construction N/A N/A $1500.00' After-the-Fact Permit 4 X Normal Fee ($6000.00 max) * Right-of-way Permit Notes: 1. Small Commercial Development shall be defined as a non-residential (single- family or duplex) project generating 600 vehicles trips per day or less. 2. Large Commercial Development shall be defined as a non-residential (single- family or duplex) project generating greater than 600 trips per day. 3. A right-of-way use fee of $800.00 per day shall apply to all non-residential projects requiring a lane closure on a major roadway. A major roadway is defined herein as being one of the following Collier County maintained roadways: ~ From T~o lmmokalee Road Tarniami Trail North (US 41 ) Collier Boulevard Vanderbilt Beach Road Tamiami Trail North (US 41) Collier Boulevard Pine Ridge Road Tamiami Trail North (US 41) Collier Boulevard Golden Gate Parkway Tamiami Trail North (US 41) Collier Boulevard Radio Road Airport Road Davis Boulevard Rattlesnake Hammock Road Tamiami Trail East (US 41) Collier Boulevard Tamiami Trail East (SR 90) Davis Boulevard Collier Boulevard Tamiami Trail North (SR 45) Lee County Line Creech Road Davis Boulevard US 41 East Collier Boulevard Goodlette-Frank Road Tamiami Trail East (US 41) Immokalee Road Airport Road' Tamiami Trail East (US 41) Immokalee Road Livingston Road Radio Road Lee County Line Santa Barbara Boulevard Davis Boulevard Green Boulevard Logan Boulevard Green Boulevard Lee County Line Collier Boulevard Judl~e Jolle¥ Brid[[e Immokalee Road SR 29 Everglades City Glades County Line SR 82 SR 29 Lee Count~ Line Page 1 of 2 2002 Exhibit "Al" (continued) o The minimum right-of-way use fee shall be for a two-day duration. No refunds of unused fees shall be allowed. Lane use fees shall be calculated by Collier County and shall be due and payable at the time of permit application if a permit is issued. If a Notice of Intent to Issue a permit is provided by the County in lieu of a permit, then the lane use fee shall be due and payable at the time of issuance of the actual permit. A discount to the right-of-way use fee will apply for work performed during the months of April through January. The discount will be 50% ($400 per day) during the months of January and April, 75% ($200 per day) during the months of May and December, and 87½ % ($100 per day) during the months of June through November. The calculation of any discount shall be based upon the actual start date of construction. If work continues beyond the originally estimated lane use period, then additional lane use fees shall be due and payable within two working days of notice to the Permittee of such additional fees. Failure to provide the additional fees to the County within three working days of such notice shall be cause for the project to be "red-tagged" and shut down. Lane use fees shall continue to accrue during any period of shutdown and shall be added to the additional lane use fees calculated by Collier County. Additional lane use fees as calculated under Note 5 above shall be assessed at the rate of 150% per day for the additional period. If a third extension of the permit is required, then such extension shall be computed at the rate of 200% per day of such extension. Charges for any period of suspension shall accrue at the higher rate. Page 2 of 2 EXECUTIVE SUMMARY CONSIDER REQUEST FOR FUNDING FROM TOURISM ALLIANCE OF COLLIER cOUNTY IN APPROXIMATE AMOUNT OF $10,000 TO TERMINATE ITS CORPORATE AFFAIRS OBJECTIVE_: Board determine whether the Tourism Alliance of Collier County's (TACC) request for funding is in the public interest ana approve or deny the funding request from Tourist Development Tax Category "B" (Advertising/Promotion) funds. CONSIDERATIONS~: Staff received a letter from TACC Board of Directors Chairman George Percel, dated July 8, 2002, requesting funds for pre-payment of storage for its corporate documents related to the County's advertising/promotion program and funds to terminate the TACC's corporate affairs. The funding request includes $3,339.00 for prepaid file storage and two estimates of $7,400 and/or $7,614 for tax filing and record retention preparation services. Total funding requested is approximately $10,000. Legal opinions from the Office of the County Attorney state that because there was no contractual obligation to pay for these private services, there was no basis for payment to a private corporation for functions of this nature. Also, contrary to the first paragraph of Mr. Percel's letter, the invoice for legal services for incorporation of the TACC was not processed for payment in view of a separate legal opinion rendered by the Office of the County Attorney. The TACC was party to an agreement with the County to oversee and administer the advertising/promotion program during FY00/01. The agreement was extended until November 2001, when a renewal agreement was executed by the Board, amending the TACC role from administering the advertising/promotion program to an advisory capacity only to staff. Effective December 1, 2002, as a result of the Clerk of Courts citing of an Attorney General opinion, tourism agreements with vendors previously under contract with the TACC were terminated and negotiated directly with the County. County staff and the Tourist Development Council (TDC) have since overseen the advertising/promotion program. The County's agreement with TACC expired on September 30, 2002. On September 9, 2002, staff presented Mr. Percel's request to the Tourist Development Council, The TDC considered Mr. Percel's presentation, the legal opinions, and staff recommendation. Staff Recommendation- In view of the senarate legal opinions rendered by the Office of the -~ .County Attorney, staff recommended de~xial c the funding request. TDC Recommendation. After a lengthy discussion, a majority of TDC members found that although there were no legal requirements for such funding, the County had a moral obligation to support the TACC and other volunteers. The TDC voted 8-0 to recommend Board approval of the TACC funding request. Staff Alternative. Should the Board favorably consider the funding request, staff recommends that file storage portion ($3,339.00) be removed from the request, with the Board directing staff to archive the TACC files at the County's contract records management facility w ]2 _,?+~'"~' Tnt" related archives and funded through the staff's operating budget, i~ _~3~ NOV 1 9 2002 FISCAL IMPACT: If approved, funding would come fxom $1.2 Million Advertising/promotion budget for FY03. GROWTH MANAGEMENT IMPACT: There is no growth managemem impact regarding this action. RECOMMENDATION: That the Board consider (1) staff recommendation to deny and (2) TDC recommendation to approve this funding request. If approved, approve only that portion of the request related to tax filing and record preparation services in an amoum not to exceed $7,614.00 and direct staff to archive TACC TDC related documems with the County's records managemem facility contractor. PREPARED BY: _ ~ DATE: D. E. "Bleu" Wallace, Director CDES Operations Department REVIEWED BY: ~qu~ne IiIubb~a R;binson /xol~sistant County Attorney )mmunity Development & Environmental Services Division NOV 1 9 2002 ck^ss~cI:lorida July 8, 2002 RE: Tourism Alliance of Collier County Mr. D.E. "Bleu" Wallace, Director Collier County Government Community Development and Environmental Services Division Operations Department Collier Business Plaza, Suite 210 3050 North Horseshoe Dr. ~t Naples, FL 34104 ~ Dear Mn Wallace: The Tourism AIl~nce of Collier County (TACC) was formed at the request of the Board of Collier County Commissioners as a not-for-profit entity to bringing together expertise from all business segments in the County to devise, implement and execute the task of promoting Collier County as a premier tourist destination. The TACC was incorporated; its bylaws and business plans were approved by the TDC and the BCC. The expenses of incorporation, organization and operation were borne entirely by Collier County. The TACC acted as an uncompensated intermediary, disbursing and accounting for all funds received for fulfilled services rendered under contract with Collier County. The Tourism Alliance of Collier County has never had any other sources of revenue than Collier County. Now that the roll of the TACC has been modified by the BCC, the TACC as a corporation must be dissolved. Therefore, we are requesting that the BCC provide the necessary funds to terminate the corporate affairs of the TACC. I am attaching for your review and approval two quotes from accounting firms to perform the related work. We are also requesting funds in the amount of $3,339.00 to prepay the rental of storage space to safegUard the corporate documents of the TACC during the next 7 years, or until they can be legally destroyed. Thank you very much for your consideration and help in resolving this matter of utmost importance. Please do not hesitate to call me if we can be of any assistance to you and your Staff in furthering the marketing and promotion of Collier County. Sincerely, cc: TACC Board of Directors Tourism Alliance of Collier County 5395 Park Central Court Naples. FL 34109 T (941) 597-8001 F (941) 597-4595 E k.pful~cflo~.com W www.classicf~ida.com A cooperative ellod funded by the Collie NOV 1 9 2002 ;ounty Tourist D~lopment Tax Received Event (Event Succeeded) Date: Pages: 'Sender: "~ Number: Sent By: 6/12/02 3 941 261 2207 RUST & CHRZSTOPHER; 941 261 2207; Time: 10:24 AM Duration: 0 mtn 59 sec Company: Subject: Jun-12-02 10:25AM; Page 2/3 RUST & CHRISTOP R, P.A. Certified Public Accountants 1044 Castello Drive, Suite 101/102 Na01es, Florida 341 O3 To thc Board of Dimctom Tourism Alliance of £bllier County, Inc. Naples, Florida We thank you for the opportunity to provide a quote for tax, accounting and business consulting scrvices to the Tourism Alliance of Collier County, Inc. This letter is to outline the scope of the terms and objectives of thc engagement and the nature and limitations of the .~ervices we will provide. We will perform the following services: Rex4ew the amended lbrm 990 for fiscal year ended September 30, 2001 (tax year 2000) and the related bookkeeping for material misstatement. Our procedures will be designed to provide reasonable, but not absolule, assurance of material misstatement and because we will not perform a detailed review of all transactions, there is a risk that material misstatements may exist and not be detected by us. 2. Perform bookkeeping services fi)r the fiscal lax year beginning 10/l/0l until presenl. 3. Prepare the final tax return for fiscal year ended September 30, 2002 (tax year 2001 ). 4. Provide authoritative guidance xx:garding record retention requirements for compa=~y 5,~ancial records. 5. Prepare the articles of dissolution for the corporation. 6. Consult with management on various mx and accounting matters You may request that we perform additional services not contemplated by this engagement Icttcr. If this occurs, we will communicate with you regarding the scope and estimated cost of these additional services. Engagements for additional services may necessitate that we issue a separate engagement letter to reflect the obligations of both parties. We shall be pleased to discuss tiffs letter with you at any time. We estimate the total fees to range between $6,900 and $7,400. We may bill you on an interim ba~: s prior to completion of thi~ ~'ngagcmcnL Fees arc due upon presentation of our invoice to you. hi the event payment is not received within thirty (30) days of invoicing, thc outstanding balance will incur a linance charge ia the amount of 1.5% per month. Ifcolleetinn of any unpaid balance becomes necessary, the prevailing party shall be entitled to recover all costs associated with that collection, which shall include reasonable attorney's fees. Thc tax returns are subject to examination by the taxing authorities. In the event of an audit, you may be requested to produce documents, records, or other evidence to substantiate the items of income and deduction shown on a relum. If an examination occurs, we will ml)resent the corporation if you so desire; however, these additional services arc not included in our fee for preparation ortho returns. - A~A NOV 1 9 2ua/ Received Event (Event Succeeded) Date: , 6/12/02 Time: 10:24 AM PageS: 3 Duration: 0 rain 59 sec Sender: 941 261 2207 Company: Sent By: RUST & CHR];STOPHER; 941..261. 2207; Jun-12-02 10:25A1~; Page 3/3 Again, we appreciate the opportunity to be o£ service lo you. Please sign and date the enclosed copy or this letter and return to us to acknowledge your ab"rccmcnt with the terms of this engagement. cly, , Rust & Christopher, P./~. ACKNOWLEDGED BY TOURISM ALI.lANCE OF COLLIER COUNTY. INC.: President Date Nov I 9 Pl. ~' · '1 Received Event (Event Succeeded) Date: 6/11/02 Pages: 3 Sender: 9412623766 ~' ~ I~h~mh~r- 8-11 --:~:~302 9: 38AM Time: Duration: Company: FI~OM PAI~CER "ASSOC I ATES 9412tS237F~S PARKER & ASSOCIATES 3078 North Tamiami Trail, Suite g'200 Naples, Florida 34103 239-262-2279 Fax 262-3766 10:30 AM 1 rain 33 sec June 11, 2002 Attn: Mr. George percel Tourism Alliance of Collier County 140 Waterway Drive Mar.cO Island, FL 34145 Re: Proposal to Close & Finalize the Tourism Alliance of Collier County Dear George: Thc following proposal represents the scope of work involved m complete and finaliT_~ the Tourism Alliance of Collier County, Inc. This proposal is based on our four-year's experience with the Tourism ~tlliancc and Collier County· Retrieve currcut fiscal year invoicing. Travel time to and from Naples to Ft. Mye. rs. Pull all documentation needed from file boxes. Pull any and all additional documentation to close the fiscal year ending 09/30102. Reconcile bank statements dated November 1,200I forward to current to close out the account. Review of account and tracking of invoicing. During this process, telephone cOnversations to various parties to include, George, Kathy and the County to verify all invoicing that has been submitted has been paid, den/ed or will be paid, and also to verify the date of when final funding, of this accoum will occur. Receive and copy all invoicing and d0cumcntation relating to the invoices submitted on November 1, 2001. Prepare appropriate jourmd cna-les to record submitted invoices'on November 1, 2001. Prepam.appropriatr reversing entries regarding same and prepare any adjustments. Input disbursements of the checks previously paid out on 118102 relating to same. Run finanelal sm. t_ements for October and Novcmb~ of 2001. AGENDA LT~M NOV 1 9 Received Event (Event Succeeded) 6/11/02 Date: Pages: 3 Sender: 9412623766 6--1 1 --2ffi2 9: ~AI4 Time: Duration: Company: ~ pARI~I~ ~ ASSOC I ATE$ 9zt 126;237C:~5 10:30 AM 1 min 33 sec P. 3 Tourism Alliance of Collier County, lac. June 11, 2002 Page Two Proposal o Post deposit into OWP when funding has be~t received for approved funding of the remaining vendor invoking from the 'County. Process the invoices to prepare and enter all journal entries for invoices submittod in the previous budget year and in the current budget year. Disburse payments to the funded Vendors. Verify all bills submitted by the Tourism have been paid or if reversing entries need to be prepared if thc payment of same bas been d~nied by the County for'payment l~epare verification letters to the TI)C, Finance Department, and TACC Board of Directors. Review and preparation to prepare books to be closed. Handling of any d~putes between the TDC and thc Vendors relating to payment. T¢leconferen .c~, etc. Prepare Uniform Business Report applicable corrections. Filing.Fee $61.25. Close books and prepare "final" .return. · 6. Deliver books and rcroords to responsible party. (To be determined). Delivery of records shall take place at the time the tax retrain is picked up or delivered for filing with the Internal Revenue Service. 8. Prepare Articles of Dissolution, Filing fees of $52.50. · B~x~.se of the unknowns relating to this account, this proposal has been based on past experience. In the event that the County has not made decisions on whether or not to fund may invoicing, or, additional funding has still not been brought before the Board for approval, the closing of this account will be delayed and the County will be charged at the normal hourly rate to complete and close ~ account from that point forward. Alt records of the Tourism Alliance of Collier Corm{y, Inc. should be held for at least three years (3). *PROI:K)SAL-BASE FEE: $7,500.00 STATE FILING FEES: 113.75 TOTAL FF.E $7 613,75. Sincerely, NOV 1 TO: FROM: DATE: RE: OFFICE OF THE COUNTYATTORNEY INTEROFFICE MEMORANDUM Bleu Wallace, Operations Director Jaequeline Hubbard Robinson, Assistant County Attorney March 22, 2002 Termination of Services: Tourism Alliance of Collier County Prutos Public Relations, Inc. and Query_: Please opine on whether the County is contractually responsible to either Prutos Public Relations, Inc. or the Tourism Alliance of Collier County for financial and administrative costs related to the orderly transition and the winding down of their affairs under their respective 2002 contracts with Collier County? Short Answer: No. Legal Basis for Short Answer: I. Summary_ of Provisions of 2002 Contract With The Tourism Alliance of Collier County [TACC]: The TACC's major role under the contract is to meet with members of the advertising community, review the content of advertising, assist with Request for Proposals for advertising and marketing services, provide recommendations regarding funding matters, certify that goods and services have been properly provided, [upon request by the County], and evaluate the impact of tourism annually. The TACC has the ability to, [but is not obligated to], negotiate with and provide recommendations to the County's Purchasing Department for any vendors or subcontractors. The County, however, is responsible for the selection and payment of vendors. The TACC is to serve almost entirely in an advisory capacity. The County's role under the contract is very limited to providing funding for seIected vendors and subcontractors "...subject to budget and collection of tourist development tax funds." There are few responsibilities of the County under this agreement and none for any specific payment to the TACC. The contract may be terminated with thirty [30] days written notice. Upon termination of the contract, all responsibilities of the County cease. Pursuant to Paragraph 19 of the TACC agreement, the TACC must fully cooperate with the County in all matters pertaining to the contract. The agreement also contains an explicit obligation on the part of the TACC to maintain all documents and records pertaining to work performed under the agreement. AGE~:)-A ~TEM NOV 1 g 2 PI. 8 ITEM NO.: DATE RECEIVED: FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89; Rev. 6/97) REQUEST FOR LEGAL SERVICES (Please type or print) Date: 3/22/02 From: Bleu Wallace Department: Operations., i' To: Office of~he County Attorney, Attn: Title: Director Division: CDES Jaqueline Robinson Telephone # _(3rery Important): 403-2302 Re: Tourism Alliance of Collier County (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specifien concise,, and articulate-) Effective December 1, 2001, the Tourism Alliance of Collier County is party to an agreement with Collier County to provide recommendations regarding advertising, marketing, etc. to County staff. Prior to December 1, 2001, the Tourism Alliance had au agreement in place with the County that the Tourism Alliance would manage and coordinate the County's Tourist Development Advertising Program. The attached emall from Mr. George Percel, Chairman of the Board of Directors, Tourism Alliance of Collier County addresses "overhead ot the TACC were covered under Kathy's (Prutos) contract and funded from the fees she received" and "the TACC has certain obligations that it must meet to legally conclude its affairs. It is our belief that it is the responsibility of Collier County to provide the financial and administrative resources required for the orderly transition and the costs of winding down the affairs of the TACC.' During a meeting on March 2,l, 2002, with Bleu Wallace. Commissioner Finla, Sandi (Marco Island Chamber of Commerce), and attorney Patrick Neale, Mr. Neale addressed certain funding by the County for the TACC's IRS Return and stated that the Tourism Alliance was a creature created by the CouBty and that the County had a responsibility to the TACC. (Are there documents or other information needed to review this matter? If yea, attach and reference this information.) This item has/has not been previously submitted. ~io.~ (If previously submitted provide County Attorney's Office File No.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) NOV 1 9 2002 Please review all Tourism Agreements with the Tourism Alliance of Collier County and advise whether the County has a contractual obligation to honor a request for funding the aforementioned expenses of the Tourism Alliance. Also, review the Prutos Public Relations agreement with Collier County, effective December1, 2001. Are there any provisions of these agreements that would obligate the County to fund these type of expenses above. Also, determine whether or not there may have been a misuse of Prutos' retainer by providing those overhead expenses for the TACC with Tourist Development Tax dollars. OTHER COMMENTS: cc: Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division ~ requests must be copied to your appropriate Division Head or Constitutional Officer.) EXECUTIVE SUMMARY APPROVAL OF A MEMORANDUM OF UNDERSTANDING TO ESTABLISH AN AREA OF MUTUAL CONCERN WITHIN WHICH BOTH THE CITY OF MARCO ISLAND AND COLLIER COUNTY WILL BE PROVIDED A COURTESY REVIEW OF PROPOSED LAND DEVELOPMENT PROJECTS INVOLVING INCORPORATED AND UNINCORPORATED AREAS ALONG THE SR 951 AND CR 92 CORRIDORS WITHIN FIVE MILES OF THE MARCO ISLAND CITY LIMITS. OBJECTIVE: To have the Board of County Commissioners approve a Memorandum of Understanding (the "MOU") by and between the City of Marco Island and the Board of County Commissioners of Collier County providing for a courtesy review by the City of Marco Island of proposed land development projects along the SR 951 and CR 92 corridors within five miles of the Marco Island City limits. BACKGROUND: The City of Marco Island, Florida, hereinafter called the "City," was incorporated by Special Act of the Florida Legislature that was approved on August 28, 1997. Chapter 163 of the Florida Statutes requires all municipal governments to prepare and adopt a Comprehensive Plan, including an Intergovernmental Coordination Element, within three years of incorporation. Policy 1.11.4 of the City's Future Land Use Element states that "Within two years of Plan adoption the City shall propose an Agreement with Collier County to involve, on a courtesy basis, City review of proposed land development projects along the SR 951 and CR 92 corridors within five miles of the City limits." The attached Interlocal Memorandum of Understanding was initiated and approved by the City Council of the City of Marco Island. non-binding nature. The types of land development activities and/or petitions SrU1 consideration may include rezonings, Planned Unit Development (PUD) amendments to Planned Unit Developments (PUDs) and Developments of Re Impacts (DRI's). CONSIDERATIONS: SR 951 (a/k/a North Collier Boulevard) area is experiencing significant new growth and development. New and future development with direct access on to the SR 951 and CR 92 corridors within five miles of the City limits could have impacts on the character, economy, infrastructure, services and amenities of Marco Island and Collier County. These potential challenges, opportunities and impacts related to land development can be addressed in a proactive manner through dialogue and communication between the County and the City. The City and the County mu,ually desire to establish procedures to review, and comment on, the other Party's land use petitions involving incorporated and unincorporated areas along SR 951 and CR 92 within and up to five miles beyond the Marco Island city limits. Upon execution of a MOU, staff representatives from both Parties will designate an agreed upon "area of mutual interest" within which both the City and the County will be afforded a courtesy review of pending land use petitions. Such review and comment by either Party is intended to occur in a timely manner and be of a .,ones, gior~'~- NOV 1 9 2002 FISCAL IMPACT: The adoption of tills MOU with the City of Marco Island by the NCC has no direct fiscal impacts on Collier County. For all petitions or projects in the area of mutual interest that are subject to a courtesy review, the reviewing Party will be provided one stamped set or recorded copy of the approving Party's approved plans or documents at no expense. GROW'I'H MANAGEMENT IMPACT_: The adoption of this MOU with the City of Marco Island, as required by Florida Statutes, Chapter 163 and Policy 1.1 ! .4 of the City's Future Land Use Element, will facilitate the coordination of the Collier County Growth Management Plan. RECOMMENDATION'.. That the Board of County Commissioners approve the Interlocal Memorandum of Understanding with the City of Marco Island to promote enhanced dialogue and communication between the County and the City regarding the impacts associated with future development along SR 951 and CR 92 within five miles of the Marco Island city limits. MAR'GAF,[E~ WUERSYLE AICP PLANNI~.,~ SERVICES DIRECTOR DATE:. APPROVED BY: /' j08EPH K'. ,~C~MIT'L ADM,NISTRATOR OMMUNITY DEV. AND ENVIRONMENTAL SERVICES NOV 1 9 2002 INTERLOCAL MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (the "MOU") is entered into this day of _, 2002, by and between the CITY OF MARCO-ISLAN--D, FLORIDA, hereinafter called the "City," and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter called the "County." The City and County are sometimes collectively referred to herein as the "Parties" or individually as the "Party." WITNESSETH: WHEREAS, the City was incorporated by Special Act of the Florida Legislature that was approved on August 28, 1997, and by referendum; and WHEREAS, Chapter 163, Florida Statutes, requires all municipal governments to prepare and adopt a Comprehensive Plan, including an Intergovernmental Coordination Element, within three years of incorporation; and WHEREAS, the City Council of the City of Marco Island, Florida adopted the City's Comprehensive Plan on January 22, 2001; and WHEREAS, Policy 1.11.4 of the City's Future Land Use Element states that, "Within two years of Plan adoption the City shall propose an Agreement with Collier County to involve, on a courtesy basis, City review of proposed land development projects along the SR 951 and CR 92 corridors within five miles of the City limits"; and WHEREAS, the Parties acknowledge that the SR 951 (a/k/a North Collier Boulevard) area is experiencing significant new growth and development; and WHEREAS, the many challenges and opportunities associated with that new and future development could have an adverse' impact on the character, economy, infrastructure, services and amenities or Marco Island and Collier County; and WHEREAS, the uncertainty associated with these future challenges, opportunities and impacts related to land development can be assessed and addressed in a proactive manner through enhanced dialogue and communication between the County and the City; and WHEREAS, the City and County mutually desire to establish pre for the review of, and comment on, the other Party's land use petitions NOV 1 9 2002 incorporated and unincorporated areas along SR 951 and CR 92 within and up to five miles beyond the Marco Island city limits; and WHEREAS, such review and comment by the Parties is intended to occur in a timely manner, consistent with the terms of this Memorandum of Understanding, and would be of a courtesy, or non-binding nature. NOW, THEREFORE, in the spirit of intergovernmental coordination and to foster effective and cooperative planning between adjacent local government jurisdictions, the Parties hereto agree to adhere to the following mutual understandings: That all new development with direct access to the SR 951 and CR 92 corridors (i.e., from the intersection of Collier Boulevard and San Marco Road to approximately five miles from the City's boundary) may have a significant impact on the services provided by the Parties, and thus is of special interest to both the City of Marco Island and Collier County. That upon execution of this MOU, staff representatives from both Parties will designate an agreed upon "area of mutual interest" within which the City or County will be afforded a courtesy review of pending land use petitions. That within the "area of mutual interest" the types of land development activities and/or petitions subject to the City's or County's consideration may include the following: ao Rezonings including Planned Unit Development rezones. Amendments to Planned Unit Developments (PUD's). Developments of Regional Impact (DRI's). (PUD) o o That the City or County will be provided one complete set of required documents to review the subject project/pe tion. That upon receipt of the documents the City or County, as may be applicable, will have ten (10) working days to complete its courtesy review and compile any verbal or written comments for consideration by the other Party's corresponding staff. Any and all verbal or written comments from the City or County are to be considered non-binding on the County or City, ar:-1 advisory only in nature. ~,r.,F. NOA ~.~ NOV 1 9 2002 2 ~'i. For all petitions or projects in the area of mutual interest that are reviewed by one Party and that are then approved by the other Party, the reviewing Party will be provided one stamped set or recorded copy of the other Party's approved plans or documents at no expense. THAT UPON EXECUTION this Memorandum of Understanding shall be recorded in the Official Records of Collier County, Florida at the County's expense. CITY OF MARCO ISLAND, FLORIDA ~,, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY By: By: E. Glenn Tucker Chairman Attest: A. William Moss, City Manager James N. Coletta Chairman Attest: Dwight E. Brock, Clerk of Courts Deputy Clerk Approved as to form and sufficiency for the City of Marco Island, Florida: Approved as to form and legal sufficiency for Collier County: Kenneth B. Cuyler, Esq. City Attorney David C. Weigel, Esq. County Attorney AC.,FJ,4OA ~TEM NOV 1 9 2002 3 L_ EXECUTIVE SUMMARY REVIEW TOURIST DEVELOPMENT RELATED ADVERTISING AND PROMOTION INVOICES, DETERMINE EXPENDITURES SERVE A PUBLIC PURPOSE, APPROVE APPROPRIATE INVOICES FOR PAYMENT IN THE AMOUNT OF $14,850.47 FROM FUND t94 RESERVES, AND DENY PAYMENT OF INVOICE IN THE AMOUNT OF $3,857.00, AS RECOMMENDED BY THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: For the Board of County Commissioners (BCC) to review and approve/deny the dated Tourist Development advertising and promotion invoices for funding and payment, while finding that a public purpose has been served for those appropriate expenditures. CONSIDERATIONS.:. CDES Operations staff assumed the responsibility for the County's tourism effort in December 2001. For almost a year, staff has performed considerable research in an effort to bring to a close certain "out of period" advertising/promotion invoices on hand. There still remains four individual invoices, one to three years old, to be addressed. During its regular meeting on September 9, 2002, the Tourist Development Council (TDC) (1) reviewed invoice summaries to determine whether or not the advertising activities cited by dated invoices serve a public purpose; (2) reviewed funding alternatives; (3) formulated recommendations, approvals or denials, to the BCC on these specific, dated invoices. Dated Invoices recommended for BCC approval by the TDC: Total Amount is $14,850.47 Kelley Swofford Roy, Inc. (KSR) Invoice ;~14608, dated 2/28/01, in the amount of $485.00 for Great Getaways Ad - Naples and Marco Island; KSR Invoice #16090, dated 9/30/01, in the amount of $5,794.47 for Collier Marketing Strategy; KSR Invoice #17836, submitted on 6/21/02, in the amount of $8,184.00, represents a November 2001 advertisement in 2002 Florida International; Phase V of Southwest Florida Invoice #3758, submitted 5/14/02, in the amount of $89.50, represents a Website Interactive Text Chat Monthly Fee for November 2001; Tweed Advertising Invoice #009214, resubn itted on 6/22/01 to the Tourism Alliance of Collier County, in the amount of $297.50, r~ ,~resents a rate adjustment for an April 2000 Wildbird Media Buy invoice. Dated Invoice recommended for BCC denial by the TDC: Total Amount is $3,857.00 KSR Invoice #15484 in the amount of $3,857.00 that was rejected by Finance for FY00/01 and would not be paid unless the BCC approved the invoice. Several pieces of BCC correspondence indicated that the BCC was not supportive of a competing Food & Wine event. NOV 1 9 200;) n., / FISCAL IMPACT: Funds identified from Fund 194 reserves may be re-appropriated upon BCC approval. Current balance in Fund 194 Reserves (194-919010-991000-00000) is $627,100. BCC approval is required to transfer $14,850.47 from Fund 194 reserves to fund these TDC- approved invoices. GROWTH MANAGEMENT IMPACT: There is no impact on growth management regarding this action. RECOMMENDATION: That the BCC approve TDC recommended tourism invoices for payment in the amount of $14,850.47 from FY03 Fund 194 Reserves. Thomas 1~. l~ohl, Seni$r Management/Budget Analyst, CDES Operations REVIEWED BY: - Date: J//' <5'-d 2.__ D.~E~"l~l~fi~'~-llace, Director, CDES Operations APPROVED BY: Svtirs]to~r, Community Development and NOV 1 9 2002 EXECUTIVE SUMMARY REQUEST APPROVAL AND FUNDING OF TWO (2) FULL TIME POSITIONS TO ESTABLISH A TOURIST DEVELOPMENT DEPARTMENT, AS RECOMMENDED BY THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: That the Board approve two full time tourism positions under the established Tourism Director position, to create a Tourist Development Department, as recommended by the Tourist Development Council. CONSIDERATIONS: In February 2002, the Board terminated the Prutos Public Relations, Inc. tourism agreement and directed staffto hire a tourism professional to oversee the County's tourism effort. In September 2002, the Board authorized the engagement of Ms. Elaine McLaughlin of McLaughlin Tourism Management to assist staff in the development of the 2003 tourism advertising/promotion plan and guiding the in-house tourism effort. On October 25, 2002, McLaughlin briefed the Tourist Development Council (TDC) regarding the status of tourism in Collier County, recommending the establishment of an in-house department dedicated to tourism. She recommended a new department be established, consisting of the Tourism Director and two new positions; a sales position (35-58K) and an administrative/fiscal position (29-49K) (Class Specifications attached). The TDC unanimously supported the concept and recommended Board approval. The Tourist Development Department Director will report to the Administrator, Community Development and Environmental Services Division and continue to receive staff support from CDES Operations until recruitment and training functions are completed. The new department operations would be funded fi'om the existing FY03 Advertising/ promotion budget, funded by the approved annual allocation of projected Tourist Development Tax revenues. On October 1, 2002, some $239,700 of unspent Advertising/promotion funds were rolled over into FY03 Advertising/promotion Reserves. The unspent funds were the result of (1) termination of the Prutos Public Relations agreement in February 2002; (2) delay in recruitment of the Tourism Director (no personal services funds were expended); (3) no capital budget items were purchased; (4) no discretionary opportunity marketing funds were expended in FY02 by staff. NOV 1 9 2002 Staff recommends that the department's operational and personal services start-up costs and one-time capital expenditures (furniture, vehicle, computers, phones, leased space, personal services) be funded by FY02 Advertising/promotion funds that were unspent and carried forward to FY03 Reserves. An operational budget for the departmem will be presemed to the Tourist Developmem Council and the Board for approval when finalized. The newly selected Tourism Director, Mr. Jack Wert, scheduled to report on December 16, 2002, has reviewed the new department concept and agrees that the small professional staff is ample to oversee the County's tourism effort. FISCAL IMPACT: Fund 194 (Advertising/promotion) budget for FY03 is $1.4Million. One time start-up e:~enses, capitat~costs, and personal services costs may be funded by $239,700 in unspem FY02 AdvertiSing/promotion funds carried forward to FY 03 Fund 194 Reserves. GROWTH MAI~AGEMENT IMPACT.'.. There is no growth management impact regarding this action. RECOMMENDATION: Board approve the requested two tourism positions and the establishmem of the Tourist Development Department, authorizing budget amendments for the start-up personal services, operations, and capital costs from Fund 194 Reserves, not to exceed $200,000. ~). E. "BLEU" WALLACE Director, CDES Operations Department BY: ~~~. '~ DATE: /[/.'~/a~ APPROVED /~ :x,,;, ,,~..,. / -- ' ' / /~0SEPH I?..rS01qMItt [ / Administrator, Community Developmem & Environmemal L/ Services Division NOV 9 2002 pg. '2. Code: COLLIER COUNTY, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: TOURISM SALES COORDINATOR PURPOSE OF CLASSIFICATION The purpose of this classification is to provide professional, sales and technical support to the products and services of the Tourism Development Department. Work involves sales promotions, solicitation programs, and support of the county's tourism effort. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Essential Functions: Develops, monitors and evaluates annual sales solicitation programs with appropriate budget for both international and domestic groups, wholesale, corporate and leisure businesses. These sales programs should be driven by research and complement the media relations and advertising programs. Coordinates all promotions, planning and management of familiarization tours in compliance with marketing plans. Monitor's and follows-up on sales leads that can result in increased business for Collier County tourism. Develops and maintains strong professional relations with the local accommodations and attractions industries. Initiates sales contacts by phone, mail, e-mail and in person to qualify and establish relationships with prospective clients. Schedules and attends trade shows, industry functions and other events as directed. Assists Director in analyzing key market statistics in development of top-producing and opportunity markets. Coor6 ~ates sales presentations, site inspections, and sales blitzes to showcase Collier County in key tourism markets. Coordinates maintenance of sales tools inventories including collateral and promotional items. Provides meeting planners with information about all County resorts/hotels that meet the planner's specific needs and act as liaison between the planners and the hotel community. Knowledge and Abilities: Knowledge of the principles and practices of marketing as they relate to travel, tourism and conventiom sales. NOV 1 © DMG-MAXIMUS, INC. Page ! Last Revised: Collier County, Florida · Tourism Sales Coordinator 10003 Ability to work effectively with business, and community leaders to build an understanding of the importance of tourism to the community's economic well-being. Ability to communicate effectively both orally and in writing. Strong organizational and time-management skills. Proficient in computer software, word processing, spreadsheets etc. Ability to travel extensively and work evenings and weekends. Ability to lift heavy items for trade shows displays. ADDITIONAL FUNCTIONS Performs other related duties as required. MINIMUM QUALIFICATIONS Bachelor's degree. Minimum 3 years of experience with destination/resort marketing or commensurate experience in the travel industry. Experience in convention and meetings sales and leisure travel markets domestically and internationally. Demonstrated ability to implement a marketing plan and deliver results in a resort/leisure destination. Excellent communications skills and sales ability. Must possess and maintain a valid Florida driver's license. PERFORMANCE APTITUDES Data Utilization: Requires the ability to review, classify, categorize, prioritize, and/or analyze data. Includes exercising discretion in determining data classification, and in referencing such analysis to established standards for the purpose of feet ~nizing actual or probable interactive effects and relationships. Human interaction: Requires the ability to apply principles of persuasion and/or influence over others in coordinating activities of a project, program, or designated area of responsibility. Equipment, Machinery~ Tools~ and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and divisi, to calculate decimals and percentages; may include ability to perform mathematical operations with fracl © DMG-MAXIMUS, INC. Page Last Revised: Oct~ AGENDA a; ab~xty' i.~).~ )ns; may NOV 1 9 281)2 ~er, 2002 ~ ~g. Collier County, Florida · Tourism Sales Coordinator 10003 include ability to compute discount, interest, and ratios; may include ability to calculate surface areas, volumes, weights, and measures. Functional Reasoning: Requires the ability to apply principles of rational systems; to interpret instructions furnished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasoning: Requires thc ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. Leadership: Customer Service: Financial Accountability: ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of some weight (5-75 pounds). Tasks may involve extended periods of time at a keyboard or workstation. Sensory Requirements: Some tasks require the ability to perceive and discriminate colors or shades of colors, sounds, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. Collier County is an Equal Opportuni:y Employer. In compliance with the Americans with Disabilities Act, the County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. © DMG-MAXIMUS, INC. Page 3 Last Revise NOV 1 9 2002 Code: COLLIER COUNTY, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: TOURISM ADMINISTRATIVE ASSISTANT © DMG-MAXIMUS, INC. PURPOSE OF CLASSIFICATION The purpose of this classification is to perform a variety of administrative and responsible clerical duties for Tourism Development Department. Work involves preparing and processing varied administrative documents such as payroll, budget, purchasing, etc.; and performing com~plex clerical duties. ESSENTIAL FUNCTIONS The following duties ere normal for this position. The omission of specific statements of the duties does not exclude them from the~classificat~on if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Manages clerical and administrative support functions for The Tourism Development Department; establishes priorities, policies and procedures; distributes and monitors workload; evaluates operations and makes changes to improve efficiency and effectiveness. Coordinates the preparation of budget development documents; tracks expenditures and revenues; and prepares budget amendments. Prepares and/or reviews procurement documents to include bid specifications, invoices; contracts, etc. Supervises and/or performs data entry for purchase orders. Reviews and approves invoices and processes for payment. Prepares payroll documents; audits time sheets; and submits documents to payroll staff. Establishes and maintains department personnel files. Prepares Information Technology (IT) forms to enable new department employees to have access to the County information systems. Serves as liaison between The Tourism Development Department and Support Services deparunents, including Information Technology, Human Resources, Risk Management, and Purchasing. Reviews and/or prepares executive summaries, ordinances, resolutions, requests for legal services and other documents being presented to the County Manager and/or Board of County Commissioners (BOCC). Prepares operational and program repons, correspondence, and other materials %r the department director and The Tourism Council upon request. Interacts with Tourism Development Council (TDC) and tourism industry members in the absence of the Tourism Department Director. Under the guidance of the Tourism Director, prepares Tourism Development Council meeting agendas and minutes. Reviews and summarizes a variety of fiscal, statistical and adminislrative information. Prepares statistical summaries and narrative repons. ' .............. :":' NOV 19 2002 Page 1 ........ Lnst R~: JulY~ 2001 Establishes record keeping systems and department files. Supervises and engages in record keeping and file maintenance activities. Supervises the clerical activities associated with establishing and maintaining department dot_abases and automated files/records. Provides assistance and information to internal and external milers and visitors regarding the department, its programs and services and the administrative support functions. Refers callers/visitors to appropriate staffas needed. Performs special projects as assigned. Operates a personal computer, telephones, copiers and other general office equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, d~t_a_base, or other system software. ADDITIONAL FUNCTIONS Performs other related duties as required. MINIMUM QUALIFICATIONS High school diploma or GED; with additional coursework in business, accounting or secretarial sciences; supplemented by three years of progressively responsible experience performing and supervising clerical functions; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human loteraetion: Requires the ability to apply principles of persuasion and/or influence over others in a supervisory capacity. Equipmenh Machinery~ Tools~ and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical Aptitude: Requires the ability to perform addition, sub action, multiplication and division; ability to calculate decimals and percentages; may include ability t~ perform aathematical operations with fractions; may include ability to compute discount, interest, and ratios; may include ability to calculate surface areas, volumes, weights, and measures. Functional Reasonine: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. NOV ! 2002 ? Customer Service: Financial Accountability. ADA COMPLIANCE ~: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. SensoO' Requirements: Some tasks require the ability to perceive and discriminate sounds and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factom: Essential functior, s are regularly performed without exposure to adverse environmental conditions. Collier County is an Equal Opportunity Employer. In compliance with the ,4mericans with Disabilities ,4ct, the County will provide reasonable accommodations to qu~ditTed individuals with disabilities and encourages both prospective and current employees to discuss potential accommc-~ci~'tions with the employer. EXECUTIVE SUMMARy TRANSFER $35,000 OF FUNDS FROM UTILITY REGULATION RESERVES TO FUND OUTSIDE LEGAL SERVICES IN SUPPORT OF RESOLUTION 2002-428 OPPOSING THE ACQUISITION OF THE MARCO ISLAND/MARCO SHORES UTILITY SYSTEM BY THE FLORIDA WATER SERVICES AUTHORITY OBJECTIVE: Request Board of County Commissioners' (BCC) approval of attached budget amendment to transfer $35,000 of funds from Utility Regulation Reserves (Fund 669; Cost Center 919010; Object Code 998000) for outside legal services to carryforward the County's efforts to support Resolution 2002-428, which opposes the acquisition of the Marco Island/Marco Shores utility system by the Florida Water Services Authority. CONSIDERATIONS,;, On October 8, 2002, the BCC approved Resolution 2002-428 opposing the acquisition of the Marco Island/Marco Shores utility system by the Florida Water Services Authority. Currently, the Marco Island/Marco Shores utility system is owned by Florida Water Services Corporation, a privately owned utility. In order to carry forward an earnest legal effort to oppose this acquisition, the County Attorney's Office recommends the legal services of attorney, Mike Twomey, who previously and successfully represented the County on utility regulation matters, and Susan Fox, attorney and professor of appellate procedure. Mr. Twomey initially drafted and filed the County's Petition. Legal costs are estimated not to exceed $35,000. FISCAL IMPACT: Current Utility Regulation Trust Fund (Fund 669) Reserve balance is $955,600. Transfer of $35,000 will leave a reserve balance of $920,600. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: attached budget amendment. SUBMITTED BY: APPROVED BY: That the Board of County Commissioners approve the D. E. "Ble~ //~_~ Date: /'/"~' ~ Wallac.,~, Director, CDES Operations Department ~ Date: ///-'=t>"' (9'a---'~ -- .~J(~seph K. Schmitt, Administrator, Community Development and Environmental Services Division AGENDA- TEM No._ NOV 19 002 pg. I 9-02; 5:2,1FM;COLLIE~ CTY. DEV- ;941 403 2395 2/ ~ RESOLUTION NO. 02 .; 428 A RESOLUTION OF COLUER COUNTY, FLORIDA~ DIRECTING .AND AUTHORIZING THAT NOTICE BE GIVEN IMMEDIATELY TO THE CITY COUNCIL OF THE CITY OF GULF BREEZE, FLORIOA; TO THE CITY COUNCIL OF THE CITY OF MILTON, FLORIDA; TO THE FLORIDA WATER SERVICES AUTHORITY, TO ALLETE, INC., AND TO THE FLORIDA PUBLIC SERVICE COMMISSION, THAT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY HAS CONCERNS REGARDING THE PROPOSED BALE OF WATER AND WASTEWATER SYSTEMS OWNEO BY FLORIDA WATER SERVICES, INC. TO THE FLORIDA WATER SERVICES AUTHORITY; PROVIDING AN EFFECTIV~ DATE NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION 1, Exprf~ssi~rt ~f Concerns. A. The Board of County Commissioners of Collier County, Florida (the "Board") has recently become aware that the City of Gulf Breeze, Florida, ("Gulf Breeze") and the City of Milton, Florida ("Milton") within a very short period of time have agreed with Florida Water Services, thC. ("FWS") and its parent corporation, Allele, Inc. ("Allete") - withcut any prior notice to, or consultation with, Collier County or the City of · Marco Island, or to the best of our knowledge with any other affected local governments throughout Florida - to create by Interlocal agreement pursuant to Section 163.01, Florida Statutes, (the "lnterlocal Act") a legal entity called the 'Florida Water Services Authority'' ("FWSA") for the purpose of acquiring title to 152 water aha/or wastewater utility syslems owned by Allele throughout Florida. One of these systems is located in the City of. Marco island and one other system is tocated near the City of Marco Island, but in unincorl:crated Collier County, These two (2) utility systems are regulated by the Collier County Water-Wastewatsr Aulhority. B. Allele, Gull Breeze and Milton have apparently agreed to a transaction (the "Transaction") which will, among other things, pay annually to Gulf Breeze two percent (2%) of the annual gross revenues of all of the subject 152 systems lhroughout Florida, and such annual payments will not in any event be tess than 1.5 MILLION DOLLARS ($1,500,000) each year. The Board understands that these added costs will be passed on to the utility systems' customers. The Board has concerns whether these added c~sts will be prudent, just and reasonable. Furthermore, the Board is concerned that there are inherent conflicts of Interest between Allele, Gulf Breeze and Milton and the FWSA, which are likely to benefit them to the detriment of all current FWS customers, including those in Collier Counly, First, the fact that the FWSA parlicipants are compensated as a percentage of customer annual gross revenues means that Gulf Breeze and Milton will see financial advantage each time utility rates are increased. Secondly, there is no advantage for Gulf Breeze to have pressed for a lower purchase price since it separately recei .vas Income based on the gross amount of bonds Issued in conneclion with the purchase tr~tnsaction. The higher the purchase price, the more bond transaction income thai flows to Gl 't Breeze. C. The Board has concerns t. at the creation of the FWSA and the proposed Transaction appear to have been conducted in undue haste. D. The Board has concerns v~hether it was posslble for the City Council of the City of Gulf Breeze and the City Council of the Cily o! Milton, in such a short period of time, to have conducted valid due diligence assessments of the physical condition of the 152 utility systems that ars planned to be purchased by the FWSA, including, but not limited to, the need for clearly necessary and very' expensive capital improvements to such systems in the foreseeable future. The Board has concerns whether the two cities could lawfully base any decision to purchase these 152 systems without having tlrst rendered their own independent, objective analysis to determine the fair market value ol each of the 152 systems. Furthermore, the Board has concerns thai the total purchase price agreed to by FWSA of $507 million, which is $57 million In excess of the most recent offer considered to be reasonable by the Florida Governmental Utility Authority NOV 19 2O02 13--02; CTY. DEV. ;941 403 2395 3/' ("FGUA"), will necessarily Increase the likelihood of shoat-term rate IncreaSes, the deferral of essential capital improvemenls, or both, merely so Allele may take from the sale substantially more "contributed property' already paid for by Ihe utility's customers than would have been the case under the pending Flodda Governmental Utility Author~ty's offer to purchase. E. The Board has concerns whether the creation of the FVVSA to Implement the Transaclion is in the public interesl. FWSA's actions may be contrary to proper public purposes and may be unconscionable, Illegal, or bolh. The Board has concerns · whelher Ihe Transaction .Is authorized by law and Ihe Florida Constitution. F. The Board has concerns that Ihe Transaction, as structured, may render Ihe subject 152 utility systems to be without any'effective regulation if the Transaction takes place, including with regard to rates, capital improvements, and quaJily of service. The Board has concerns that if Ihe Transaction takes place, whelher these utility systems will be without effective, objective, regulation that might be controlled by, or unduly influenced by, the officers of these ut~ity syslems. The Board has concerns whether the City Council of the City of Gulf Breeze and the City Council of the City of Milton have sufficient time, sufficient ability or sufficient expertise to effectively regulate and operate these 152 utility systems. Pursuant to Chapter 367, Florida Statules, many employees of the Florid~ Public Service Commission ("FPSC") have historically expended innumerable Pours regulating such of these 152 utility systems that are under Ihe FPSC's jurisdictig~ pursuant to Chapter 367, Florida Statutes. The systems that are not regulated by the FPSC pursuant to Chaplet 367, F.S., are regulaled by five (5) Florida counties, includ:ng the Collier County Water-Wastewater Authority with regard to the two (2) systems located in C~llier County. Apparently all sucl~ FPSC and Florida county regulation is t; be Iransferred to the FWSA, While there is a Une of political accountability for the actions of the FPSC running through the Governor and the Florida legislature and for county utility regulation through the 'e~ected County Commissioners, there will be no actii:ca accountability for the actions of the officials of City of Gulf Breeze and the City ol Mil:on o? the board members and managemenl of the FWSA they appoint with regzrd to the customers of the 152 uli[ily systems located in 27 other Florida counties. Th~ Board has concerns that such a lack of accountability may be intolerable. G. it a~pears that with regard lo the ulflily syslems that are under the FPSC's Chapter 367, F. S., jurisdiction, the Transaction requires formal approval from the FPSC pursuant to Section ~E7.071, Florida Statutes. The Board is interested In how the FPSC will ma~<e its decisions with regard to the Transaction. SECTION 2. pirectlan to Deliver Resol.ut. io_n. The County Manager is hereby directed to immediately provide a certified copy of this Resolution to the Cit7 Manager of the City of Gulf Breeze, to the City Manager of the City of Milton, to the FWSA, to All'to, and to the Florida Public Service Commission. Thi.~ qesolution is adopted after motion, second and majority vote favoring. adoplio~ this ~-'day of October 2002. ATTEST. ~:'. :..:.. ., ..'.. ~ ::'..'.'..r' ';v' '..,. ..' · ~' :. '; D~piJt)~ er . and legal $~ficiency: Thomas C. Palmer, Assistam Count), ^',tom~), BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA S~te ol FLORIDA ¢oue~ of ~LUBI ~e~ ~ ~ a ~u~ant"~n..flf~ In ~I;i~;;~. "~"" ~' ~; '"" ~" ""~ :' '~'" ........... . 2 NOV 2002 EXECUTIVE SUMMARY AWARD A CONSTRUCTION WORK ORDER TO D.N. HIGGINS, INC., AND A CONSTRUCTION ENGINEERING SERVICES WORK ORDER TO HOLEMONTES, FOR THE NORTH COUNTY WATER RECLAMATION FACILITY OXIDATION DITCHES IMPROVEMENTS, PROJECT 73251, IN THE AMOUNTS OF $483,955, AND $130,000, RESPECTIVELY. OBJECTIVE: To correct the current oxygen deficiency in the secondary treatment process to improve reliability and sewage treatment capacity at the North County Water Reclamation Facility (NCWRF) in advance of peal< season 2002 - 2003, as reported to the Board on November 5, 2002, Item 10G. CONSIDERATIONS: Staff has solicited bids from three contractors under our Fixed Term Annual Underground Contracts to correct an operational deficiency at the NCWRF Oxidation Ditches Aeration System. This is consistent with the Board's approval and direction at the November 5, 2002 Board meeting, Item 10G. This work will increase the plant's reliability and sewage treatment capacity. The scope of the work is to replace five, twelve-year-old aerators, with five new properly sized and higher efficiency aerators to correct an oxygen deficiency in the sewage treatment process. Bids were received and opened on November 14, 2002, as follows: Bidder Bid Amount D.N. Higgins (DNH) $483,955 Mitchell & Stark Construction Company $568,350 Kyle Construction Company $859,025 The low responsive, responsible bidder is DNH. They have performed satisfactorily on past projects. Our engineering consultant, HoleMontes evaluated the bids, and recommends awarding the work to DNG, in the amount of $483,955. Their recommendation letter dated November 15, 2002 and the bid tabulation are attached. HoleMontes' construction estimate was $399,100, including contingencies. The low bid exceeds this amount. In their November 15, 2002 recommendation letter, HoleMontes explains that since this effort was an extremely fast-tracked design process to complete the work prior to peak season 2002 - 2003, their construction estimate was prepared early in the design process. Another factor is that the bidders were given an extremely short time to bid this project. This combination contributed to the bid exceeding the engineer's estimate. Holemontes prepared the design and the bidding documents for this remedial work. It is now necessary to initiate a construction-engineering services Work Order to perform construction inspection, contract administration, start up services, m~d follow up troubleshooting. The time and materials not-to-exceed amount is estimated at $130,000. This is consistent with the presentation at the November 5, 2002 Board meeting, Item 10G. Staff recommends approval of both work orders and accordingly requests the Board to waive the $90,000 work order limit for the engineering services work order. t~O. NOV I 9 200 ~. / Executive Summary Award construction and engineering Work Orders for Reliability and Capacity Improvements at NCWRF Page 2 FISCAL IMPACT: A budget amendment is necessary to transfer $109,055 ($84,855 difference between the bid and engineer's cost estimate, and $24,198, which is a 5% contingency of the bid amount (customary at this project stage)) from Wastewater Capital Reserves to project 73251, NCWRF Oxidation Ditches Aeration Improvements. The remainder of the funding, or $529,100, is specifically budgeted in project 73251. Source of funds is User Fees. GROWTH MANAGEMENT IMPACT: This project will have no impact on growth. management. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing Board of the Collier County Water-Sewer District, approve the necessary budget amendment, award a construction Work Order to D.N. Higgins Inc., waive the annual engineering contract work order limit, and award an engineering services Work Order to HoleMontes, for the NCWRF Oxidation Ditches Improvements, Project 73251, in the amounts of $483,955, and $130,000, respectively. Peter Schalt, PMP, Interim Principal Project Manager Public Utilities Engineering Department ') / ~ ~'-:~--~ Date: REVIEWED BY: (.-~, 5 Roy/(3. Anderson, P.E., Director Public Utilities Engineering Department ~VIE~D BY: ' stebgeh'~. C~ll,~X' Director P~chasing/General Se~ices Division Joseph B. Cheatham, D~rector ~ Wastewater Depa~m~ ~ J~es W. DeLony, P.E., ~ministrator ~blic Utilities Division /f Date: Date: ^ca.o; zr~. NOV ? 9 2002 HOLE MONTES ENGINEERS, PLANNERS. SURVEYORS 950 Encore Way. P,O. Box 111629. Naples, Florida 34108. Phone: 941,254,2000 · Fax: 941.254.2097 November 15, 2002 Mr. Peter Schalt, Project Manager Collier County Public Utilities Engineering Dept 3301 Tamiami Tr E., Bldg H Naples FL 34112 EVALUATION OF BIDS FOR CONSTRUCTION NORTH COUNTY WRF OXIDATION DITCHES IMPROVEMENTS HM File No.: 2002.099 Dear Peter: We have reviewed the three bids received by the Collier County Public Utilities Engineering Department on November 14 for the referenced project. Attached is a recap summarizing the bidders' proposals. Each proposal was checked for mathematical errors, and the bids as submitted were correct. D.N. Higgins, inc. submitted the lowest bid of $483,955.00. As described in the Hole Montes report of September and our proposal of November 14, this project has been progressing extremely fast in order to have the aerators operational by the upcoming high-flow season. Although our previous conceptual cost estimate was $390,000, the fast-track nature of the project and further design development created additional construction costs. Therefore, Hole Montes recommends award of the construction contract to D.N. Higgins, Inc. for $483,955.00 If you have any questions, please let me know. Very truly yours, Director, Project Management HCP:llk Enc CC: Lyn Wood, Collier County Purchasing Ron Benson, Hole Montes Amanda Ogden, Hole Montes \kI-IMN AP\e\WPL2002k2002099\C 01 -Client Correspondence\021115-ps-ContractAward-ltr.doc Naples · Fort Myers · Venice · Eng[ewood AGENOA ITEM NOV f 9 2002 PG. /0~~o NOV j 9 Zoo2 / / WORK ORDER # HM-FT-02-11 Agreement for Fixed Term Professional Engineering Services Dated April 10, 2001 (Contract #00-3119) This Work Order is for professional engineering services for work known as (Title) NCWRF Oxidation Ditches Improvements. (Reason for Proiect) To improve reliability and sewa,qe treatment capacity at the NCWRF Oxidation Ditches. The work is specified in the proposal dated November 14, 2002, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #HM-FT-02-11 is assigned to HoleMontes. Scope of Work: (List all tasks: Task 1, Task 2, etc.) Task 1: Assistance during construction Task 2: Follow up services Schedule of Work: Complete all work no later April 30, 2003. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task One: $ 90,000 T&M I Task Two $ 40,000 T&M Total Fee ....... -) ~1307000 T&M Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. Peter Schalt, PMP, Interim Principal Proj. Mgr. Date REVIEWED BY: Joseph Cheatham, Wastewater Director Date ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: By: Deputy Clerk Approved as to Form and Sufficiency: Date: ATTEST: (Corp orate Secreta r~y)/ Type Name and Title (or) witnesses (2) (1) Signature Print Name By: James N. Coletta, Chairman HoleMontes Signature (2) Signature Print Name HOLE MONTES ENGINEERS- PLANNERS, SURVEYORS 950 Encore Way, P.O. Box 111629, Naptes, Flodda 34108, Phone: 941.254.2000, Fax: 941.254.2097 November 14, 2002 Mr. Peter Schalt, PMP Collier County Government Complex Public Utilities Engineering Department 3301 Tamiami Trail E., Bldg. H Naples, FL 34112 RE: PROPOSAL,FOR PROFESSIONAL ENGINEERING SERVICES OXIDATION DITCHES IMPROVEMENTS NORTH COUNTY WATER RECLAMATION FACILITY HM Project No. 2002.099 Dear Peter: Hole Montes, Inc. is pleased to submit this proposal for the final design and construction support services associated with improvements for the three existing oxidation ditches at the North County Water Reclamation Facility. These modifications are being proposed to provide sufficient oxygen to the aeration basins during per/ods of peak loads and flows. As stated in the Hole Montes report dated September 2002, the oxidation ditches at the North County WRF experience oxygen deficiencies during the previous high flow season when BOD and TKN loads reached concentrations as high as 300 mg/1 and 60 mg/1, respectively. Historical data suggested that the existing aeration system capacity was not sufficient to completely oxidize the increased influent load and flow. The resulting oxygen deficiencies interrupted the nitrification/denitrification process producing an unstable activated sludge system. By adding aeration capacity and satisfying the influent oxygen demand, the County can expect to observe process improvements such as, complete nitrification/dentrification, improved sludge settling in the clarifiers, and more consistent chlorination. In our September 2002 report, we recommended the County shoul-d install five floating aerators in the three oxidation ditches to meet the oxygen demand for the upcoming high-flow season. Having successfully met the intent of the County, we proceeded with preparation of Purchase Specifications for the equipment under the existing project time-and-expense budget. We are intensely aware of the urgency required to successfully complete this project within the time frame necessary for the County to receive maximum benefit from the addition of the floating aerators. We are ready to begin work immediately on the engineering documents for the floating aerators and to begin working with the selected contractor on construction and installation issues. Naples · Fort Myers, Venice · Englewood m I Mr. Peter Schalt Collier County PLIED HM 2002.099 11/14/02 Page 2 Understanding of Professional Services · The proposal is based on payment for time and expenses. · The construction will be performed by one contractor, which will be selected by the normal bid process using the contractors having annual contracts with the County. · We will complete the request for a DEP operating permit modification under the remaining budget of the report phase of this project. Permit application fees are not included. · Our proposal does not include any cost for surveying. · The proposal excludes any work issociated with lighting, instrumentation or permanent splash shields. · The proposal includes specifications for new aerators and electrical devices only. The following outlines the scope of serVices proposed at this time. Task 1 - Construction Assistance This task will include final design development based on our prior report, meetings with the County staff and the preparation of engineering drawings and specifications. Bidding services will include participation in meetings with the County, review of the contractor bids and issuance of an award recommendation. We will perform the customary contract administration duties during construction including attendance at project meetings, shop drawing review and approval of progress payment applications. The review of submittals will be handled on an expedited basis. We will also prepare, sign and seal record drawings. Our field services during construction will be limited to site visits by an engineer for review of progress and observation of equipment startup. The estimated fee allowance for this task is $90,000.00 Task 2 - Follow-up Assistance during First Year of Operation This will include providing assistance during start up of the new systems as well as training and operational assistance of operations staff in operation of the new systems. Work may also be performed under this task on an as-requested basis to assist the County Utilities Engineering and Operations Staff. The estimated fee allowance for this task is $10,000.00. We have also included in Task 2 a project contingency of $30,000 for engineering services to address other improvements at the oxidation ditches that may be requested by the County. W:k2002k2002099kA Proj Mgmt\0201114-ps-RevisedProposalDesign-ltr.doc Mr. Peter Schalt Collier County PUED HM 2002.099 11/14/02 Page 3 Fee and Schedule The design and construction services associated with this project shall be performed on a time and expense basis. The total fee allowance Tasks 1 and 2 is $130,000. The work schedule will be conducted to facilitate the fast-track project, so that the aerators can be operational prior to the upcoming high-flow season. If you have any questions, please contact Ron Benson or me. Thank you for the opportunity to serve Collier County. Very truly yours, HOLE MONTES, INC. DHi~ ~~t M~anp~ gE~ment HCP/ajo Encl. CC: Joe Cheatham, Collier County PUED Ron Benson, Hole Montes Amanda Ogden, Hole Montes W:k2002k2002099kA Proj Mgmt\0201114-ps-RevisedProposalDesign-ltr.doc AGEN?~ZT£H NO. .-~ NOV ! 9 2002. PG.,,__....~ ,, WOR~ ORDER # UC-003 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #00-3087, Dated October 10, 2000 This Work Order is for Underground Utility Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: NCWRF Oxidation Ditches Improvements . · The work is specified in the bid proposal dated November.14~:2002 from D.N. HIgRins, Inc. which is attached hereto and made part bf this WOrk order: In acbordahce With tei'm~ and conditions of the Agreement referenced above, Work Order # UC-003 is ass!gned to D;N. HlgRlns, Inc.. scope of Work: Task: Provide material, labor, equipment and supervision t0 Perform the NCWRF Oxidation Ditches Improvements, ~Omplete and ready for service within no laterthan January ~15i 2003. Schedule:of Work: Substantially comp!otc and ready for beneficial use by Owner no later than January 15, 2003, and finally complete n0 late~ than February 28, 2003. compensation: in accordahce with Item 4 of the Agreement, the COunty W!Ii compensate the Firm in accordance .with the negotiated lump sum amount provided Inthe schedule beloW: Task: $483i955.00 Total $483~955;00 (Lump Sum) Any change made subsequent to fin,al department approval will be considered an additional service and charged according t..o an execUtec~ Change Order as enumerated in EXhibi{ D of the Agreement. Peter SChalt, Interim Principal Project Mgr. Date Wastewater Department APPROVED BY: Joseph B. Cheatham, Wastewater Director Date ATTEST: DWight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: By: Deputy Clerk Approved as to Form and ' Legal Sufficiency: ~ J ~ AsSistl,~t C~)u'nty Attorney Date: 11/i5/02 ATTEST: (Corporate Secretary) R. Suzar~ne Hawker, Corporate Secretary Type Name and Title (or) witnesses (2) (1) James N. Coletta, chairman Daniel N.. HIq.qins, Vice presideht D.N. Higgins, Inc, Signature (2) Signature Signature Print Na~e ~r~t' Name FUND.: 413 COST .CENTER 263613OBJECT CODE: 763100 Project No. 73251 FUND: 413 COST CENTER: 263613 OBJECT CODE: 763100 Project No. 73251 /O EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT AND DREDGING CONTRACT FOR WIGGINS PASS EMERGENCY MAINTENANCE DREDGING, IN THE TOTAL AMOUNT OF $340,0OO OBJECTIVE: To obtain approval of a budget amendment that transfers funding to Wiggins Pass Emergency Maintenance Dredging and approval of a contract. CONSIDERATIONS: The mouth of Wiggins Pass has shoaled in to less than 3.5 feet at low tide compared to a design depth of 7.5 feet. Humiston & Moore Engineers, under Fixed Term Contract #01-3271 for Coastal Engineering Services, was issued a work order to prepare the design and obtain the appropriate permits based on the Board's approval of the engineering services $10,000 budget amendment on October 8, 2002. All dredged material is anticipated to be beach sand and will be placed immediately adjacent to Barefoot Beach. In order to expedite re-opening Wiggins Pass, the Board was requested to waive the formal competitive threshold and authorize staff to issue a purchase order directly related to emergency clam-shell dredging along with a budget amendment of $100,000. Unit price quotes from three firms were sought, based on an estimated volume of 6,000 cubic yards, and the only quote was for $176,000. It was decided to pursue other options that might be more economical. Subsequently, quotes were sought both for clam-shell dredging, based on daily rates, and hydraulic dredging, based on unit prices for an estimated 30,000 cubic yards starting no later than December 2, 2002. Five firms indicated an initial interest in hydraulically dredging based on those parameters and three firms submitted quotes as follows: Lake Michigan Contractors Florida Dredge & Dock Southwind Construction $293,000 $452,500 $402,193 In order to expedite re-opening Wiggins Pass, it is requested that the Board waive the formal competitive threshold, according to F.S. 255.20(a)(1), and County Purchasing Policy V(A)(2, 3), and authorize staff to issue a purchase order to Lake Michigan Contractors directly related to dredging Wiggins Pass. The Coastal Advisory Committee met on November 14, 2002, prior to the receipt of quotes, and recommended the approval of a budget amendment of $350,000. The Tourist Development Council will be asked to make a formal recommendation at their next meeting on December 10, 2002. FISCAL IMPACT: The emergency maintenance dredging of Wiggins Pass, including engineering services and up to 25% additional dredge quantity, is estimated at $340,000. The Wiggins Pass Dredging Fund (304) will cover $111,800 (brings this fund to $0) and the remainder will be covered with Beach Renourishment Funds (195). The source of both funds is Tourist Taxes. AGENDA 'ITEI~k / .0. /0 NOV 1 9 2002 / GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners 1) approve a budget amendment in transferring $228,200 from the Tourist Tax Fund Reserves and $1,800 from the Wiggins Pass Dredging Fund Reserves to Wiggins Pass Emergency Maintenance Dredging, 2) waive formal competition requirements for the contract required for dredging, and 3) authorize the Public Utilities Administrator to issue a purchase order for dredging. Ron Hovell, P.E., ~oastal Projects Manager ic Utilities EnginDe;~ng Director . .,,, ....~ . - Steph~K Y. ea&ell,, niT~urchasin~General Se~ices Department APPROVED BY: ~'";~ c~/~ ~ Date:/~  s W. DeLony, P.E.~ubl~ Utilities Ad~nistrator NOV 1 9 2002 _. No'~-l.4-OZ lO:ZSam From-Celiie=r Co:unt~/kttorn~ Offi=e ltd! ?74 OZZ5 T-3011 P. OOZ/I: OFFICE OF THE COUNTYA TTORNE Y INTEROFFICE M'EMO~UM TO: FROM: DATE: 1~: R. on Hovell, Coastal Projects Manager J'acquelin¢ I-Iubbard Robinson, Assistant County Novmmbar 14, 2002 Use of Wiggins Pass Dredging Fund RLS-PUW 020930-12 Please provide an opinion of whether or not it is apI~ropriate to m'e Fund 30,~ for engineering and construction contracts to maintain Wiggins Pass. _Response: The Wiggins Pass Dredgin§ Ftmd 304 may be legally t~sed for Wiggins Pass cngineerJ and cmmtmction contracts to maintain Wiggins Pass_ Cc: David C. Weigel, County Attorney Ramiro Mafialich, Chi¢£'Assistant County Attornoy H: Ja~ki~ Coastal Ad,tisoty/M~O 10 R Hovell -[:tmt1304 rtl-e. 111402 PC,, ~ NOTICE OF CLOSED ATTORNEY-CLIENT SESSION Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the Board of County Commissioners will meet in executive (closed attorney-client) session on TUESDAY, NOVEMBER 19, 2002, in the Commission conference room, 3ra Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board in executive session will discuss: Settlement negotiations/litigation expenses of the pending litigation case of Aquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK by:/s/Maureen Kenyon Deputy Clerk (SEAL) AGENDA/TEM ' NO. NOV 1 9 2002 AGENDA TRANSMITTAL SLIP ate Submitted: 11/06/02 I Agenda Item Requested Agenda Date: 11/19/02 [#12B [APPROPRIATE. HEAUINr~ ! . ~ :~'.-~.;'"~ ...... ....... ............. ~ - -- -- ~) Public Petitions & Comments on LJ (7) Board ol/_onmg AppE General Topics ~ ~C nt Commissioners 10 Cou~r's...R.e.. o~-- ~) Co ntu A~ort ~titu Ir'oriel Officers  ral (15) Future Agendas (16) Consent Agenda Communications ~ ~ Summa~ Agend~ Prepared by: Michael W. Pettit, Assistant County Attorney Ap/~roved by: _ //~ David C. Wei~e~t County Attorney Date: !//~/~2 Date: Manage -- ~".~~ Item Title: FOR THE BOARD OF COUNTY COMMISSIONERS TO PROVIDE DIRECTION TO OUTSIDE COUNSEL, TED TRIPP, ESQ. AND THE OFFICE OF THE COUNTY ATTORNEY AS TO SETTLEMENT NEGOTIATIONS/LITIGATiON EXPENSES IN AQUAPORT V. COLLIER COUNTY, CASE NO. 2:01-CV-341-FTM-29DNF, NOW PENDING IN THE UNITED STATES DISTRICT ~' ~COURT FOR THE MIDDLE DISTRICT OF FLORIDA. Documents Attached: NOV 1 2002 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS RATIFY AND \UTHORIZE THE RETENTION OF TED TRIPP, ESQ. AND THE LAW FIRM OF GARVIN & fRIPP TO REPRESENT COLLIER COUNTY IN THE BERT HARRIS ACT CLAIM FILED BY AQUAPORT PLAINTIFFS. OBJECTIVE: For the Board of County Commissioners to ratify and authorize the retention of Ted Tripp, Esq. and the law firm of Garvin & Tripp to represent the County with respect to a Bert Harris Act claim filed by the Aquaport plaintiffs. CONSIDERATIONS: Ted Tripp, Esq.'\and the law firm of Garvin & Tripp are currently representing the County as lead counsel in the federal cour~xlawsuit styled Aquaport v. Collier County, Case No. 2:01-CV-341- FTM-29DNF, now pending in the United Sthtes District Court for the Middle District of Florida. As this Board knows, this lawsuit involves claims of alleged constitutional violations by the County and individual Commissioners in connectiign with the revocation of a building permit and site development plan for a 68 unit hotel in the Vanderbilt Bea~:h area. During the course of his representation of the County, Mr. Tripp has become very familiar with the County's Land Development Code, Growth Management Plan and with the circumstances and history of this land and project including the alleged damages and the analysis of those damages by various experts. Consequently, he is in the best position to provide representation to the County with respect to the Bert Harris Act claim, which Aquaport plaintiffs have served upon the County. If, and to the extent that claim is eventually filed, it will be filed in the Twentieth Judicial Circuit in and for Collier County. That is, it will be a state court claim and the issues will be defined by a state statute, i.e., the Bert J. Harris, Jr., Private Property Rights Protection Act, Section 70.001, Fla. Stat. e~ISCAL IMPACT: Mr. Tripp and the firm of Garvin & Tripp would be retained upon the same terms and conditions as they have been retained to represent the County both in the Aquaport federal court lawsuit and Vanderbilt Shores, sometimes referred to as the "Bellagio Grande" lawsuit, now pending in the Twentieth Judicial Circuit in and for Collier County. Specifically, Mr. Tripp would be billing at $250.00 per hour, while associates in his firm would be billing at lesser amounts. The associate who would most likely be working on this matter would be billing at $135.00 per hour, at least at her current stated rate. The fees for Mr. Tripp's services and the services of Garvin & Tripp as well as the costs and expenses for defending the Bert Harris Act claim appear, at this time, to be subject to payment from the County's self-insured Property & Casualty Fund. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: It is the recommendation of the Office of the County Attorney that the Board ratify and authorize the retention of Ted Tripp, Esq. and the firm of Garvin & Tripp to represent the County in all phases of the defense of the Aquaport plaintiffs' Bert Harris Act claim. Michael W. Pettit, Assistant County Attorney D~vid-C. Weigel, ~-ounty Attoli~ll~Y DATE: DATE: EXECUTIVE S~Y REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "NAPLES GATEWAY, PHASE I" OBJECTIVE: TO grant final acceptance of the infrastructure improvements associased with that subdivision known as "Naples Gateway, Phase I" CONSIDERATIONS: 1. On November 12, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Naples Gateway, Phase I" 2. The roadway and drains~e improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of %he improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summar~ has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's property-owners association. Water and sewer -improvements will be maintained by the County's Utility Department ' through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None AG~.hJI:)A I'rE.I;4 NOV 1 9 2002 Pi._ I Execdtive summary Naples Gateway, Phase I Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Naples Gateway, Phase I" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Enoineer Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Direc' County Engineer APPROVED BY: Jo~Puhni~O Dev. and Envi~i~i~:~ii~iii~al SVCS. Daq e' ' NOV 1 9 2002 I:T, o> - -1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 45 47 · 48 49 51 52 53 55 57 59 6O 61 RESOLUTION NO. 02- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN NAPLES GATEWAY PHASE I, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 14, 2000 approved the plat of Naples Gateway Phase I for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Naples Gateway Phase I, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Naples Gateway property- owners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. Bix )CK, CLERK Approved as to form and legal sufficiency. '~ Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLETTA, CHAIRMAN NOV 1 9 2002 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "CATAMARAN COURT AT TARPON COVE" OBJECTIVE: To grant final accePtance of the infrastructure improvements associated with that subdivision known as "Catamaran Court at Tarpon Cove" CONSIDERATIONS: o o On December 19, 1999, the Board of County Commissioners granted preliminary acceptanc~ of the roadway, drainage, water and sewer improvements in "Catamaran Court at Tarpon Cove" The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvemen%s have been constructed in accordance with the Land Deveicpmen5 Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorne57's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: .The roadway and draina.ge improvements will be maintained by the :project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None AGENDA ITFJ~ - NOV 1 9 2002 Executive Summary Catamaran Court at Tarpon Cove Page 2 RECOM~4ENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Catamaran Court at Tarpon Cove" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Engineer REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Direc'~~: / County Engineer Date APPROVED BY: Jgs~ph K. Sch~nlt-t, Adm%nistrator munityDev. and Environmental Svcs NOV 1 9 2002 Z "~'n) Gulf OF ~.xIC0 NOV 1 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 '49 51 52 53 55 57 58 59 6O 61 RESOLUTION NO. 02- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN CATAMARAN COURT AT TARPON COVE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTA~D BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 3, 1999 approved the plat of Catamaran Court at Tarpon Cove for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Catamaran Court at Tarpon Cove, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Tarpon Cove homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLEI:;.K BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLETTA , CHAIRMAN Approved as to form and legal sufficiency: ~ Patrick G. White Assistant Collier County Attorney NOV 1 9 2802 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "TARPON COVE" OBJECTIVE: To grant final acceptance of the infrastructure .... clased with that subdivision known as "Tarpon Cove" improvements CONSIDERATIONS: 1. On July 7, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Tarpon Cove" 2. The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. 3. The required improveme~'~ts have been constructed in accordance with the Land Develoo~ent Code. The County Development Services has inspecteo %he improvements and is recommending final acceptance of the improvemen5s. 4. A resolution for final acceptance has been prepared and approved by the County Attorne?'s Office. A copy of the document is attached. 5.This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. · GROWTH MANAGEMENT IMPACT: None NOV 19 2007. I Executive Summary Tarpon Cove 'Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Tarpon Cove" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: ~0hn R. Houldsworth, Engineering Review Engineer REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director /' County Engineer Date APPROVED BY: ph K. Sghmltt, Administrator unity Dev. and Envircnmental Svcs. NOV 1 9 2002 . NOV 1 9 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 49 51 55 57 59 60 61 RESOLUTION NO. 02- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN TARPON COVE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on January 28, 1997 approved the plat of Tarpon Cove for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Tarpon Cove, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Tarpon Cove homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES N. COLETTA, CHAIRMAN Patrick G. White Assistant Collier Co .unty Attorney NOV 1 9 2002 EXECUTIVE SUMMARY --'REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN MARSH UNIT TWENTY- TWO" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Pelican Marsh Unit Twenty- Two" CONSIDERATIONS: On May 5, 2002, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Twenty-Two". The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attazhed. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their ~operat ion and maintenance budget. GROWTH MANAGEMENT IMPACT: None AC,~h~)A i'rg~ NOV 1 9 2002 Executive Summary PeIican Marsh Unit Twenty-Two Page 2 RECOMMENDATION: ..That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Twenty-Two" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Engineer Date Thomas E. Kuck, P.E. Engineering Review Direcso~: / County Engineer Date APPROVED BY: J~se~hK. Sch%nitt, Admi~ni$~rator unity Dev. and Environ~'~ental Svcs. AGE~N];)A NOV 1 2002 p~. 2 NOV !9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 44 45 46 47 49 50 51 52 53 55 57 58 59 60 61 RESOLUTION NO. 02- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PELICAN MARSH UNIT TWENTY-TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE COMMUNITY DEVELOPMENT DISTRICT. WHEREAS, the Board of County Commissioners of Collier County, Florida, on January 12, 1999 approved the plat of Pelican Marsh Unit Twenty-Two for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recormmending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Pelican Marsh Unit Twenty-Two, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal cy: Patrick G. White Assistant Collier County Attorney BOARD Or COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN NOV 1 9 200;_ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "HEMINGWAY PLACE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Hemingway Place", a subdivision of lands located in Section 22 Township 49 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Hemingway Place". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that "Hemingway Place" be approved for recording. the final plat of FISCAL IMPACT: The project cost is $646,580.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $201,280.00 - $445,300.00 The Security amount, equal to 110% of the project cost, is $711,238.00 AGENDA ITEM NOV I 9 2002 Executive Summary Hemingway Place Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $8,209.18 Fees are based on a construction estimate of $445,300.00 (water & sewer City of Naples) and were paid in May and October, 2002. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 550.00 b) c) Construction Drawing Review Fee Water & Sewe~ City of Naples - $-0- DrainRge, Paving, Grading (.42% const, est.)- $1870.26 Construction Inspection Fee Wate~ & Sewe~ City of Naples Drainage, .~% Paving, Grading {i ~- const, est.) GROWTH MA/~GEM~NT IMPACT: - $-0- $5788.92 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORiCAL/ARCHEOLOGICAL IMPACT: .archeology.cai impacts EAC RECOMI,~NDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: There are no historical There are no outstanding environmental or That the Board of County Commissioners approve the Final Plat of "Hemingway Place" for recording with the following stipulations: Approve the amount of $711,238.00 as performance sec' for the required improvements; or such lesser amount on work completed, and as is approved by the Engine Review Department. NOV 1 9 2002 Executive Summary Hemingway Place Page 3 Approve the Agreement, and standard form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date D~te APPROVED BY: o e~ltt, Administrator nityDevelopment & Environmental Services NOV 1 9 2002 EXECUTIVE S~Y REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PINE AIR LAKES UNIT ONE" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Pine Air Lakes Unit One" CONSIDERATIONS: On November 5, 1998 the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pine Air Lakes Unit One". The project storm-water and drainage improvements will be maintained by the project's property-owner's association. The roadway and water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The project storm-water and drainage improvements will be maintained by the project's property-owners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. The roadway and drainage within the right-of-way will be maintained by the County through funds in the Transportation Services operation and maintenance budget. 'GROWTH MANAGEMENT IMPACT: None NOV 1 9 200? Executive Summary Pine Air Lakes Unit One Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pine Air Lakes Unit One" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: J-ohn R. ~0uldsworth, Engineer Engineering Review Thomas E. Kuck, P.E. Engineering Review Directcr D~t~ APPROVED BY: / / Joseph~. Schmi~t, Admin2}~rator Community Dev. and Environmental SVCS. I~at% j rh NOV '! 9 2002 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 49 50 51 52 53 55 57 58 59 60 61 RESOLUTION NO. 02-__ RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN PINE AIR LAKES UNIT ONE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 4, 1995 approved the plat of Pine Air Lakes for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Pine Air Lakes Unit One, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency:. Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIEF COUNTY, FLORIDA By:. JAMES N. COLETTA, CHAIRMAN NO)/ 192£, r~uv-z4-c'~,-' 10:21 FROM:CO. ?Nz41~R'~FICE 1'~I17744010 T0:774 B4i~B P.2~$ REQUEST TO GRANT FINAL ACCF. P~ O~ THE ROAIIi~tY, DRAINAGe, WATF~ ~ SEWF. R IMPROVEMENTS FOR THE F~NAL PLAT O~ "STONF~/~IDGE ,UNIT THI~_-~-" To grant associated final acceptance of the infr,%st~£uct ute improvcments wi'l-h that subdivision known as "Sto£~t'--bridge Unit Thi'ee" CONSIDERATIONS: 1. On De. cemb~.'£ 14, 1996, the Board o~ County Co~,is~lon~.rs granted pzel~minary acceptance of the roadway, drainage, wate£ a~d sewe~ improvements in ":.;to~e. br. idg~ [~nat Tbye~.". 2. The z[oadway and drainage lmprovemefl'ts will be maintained bv the p]:oj~¢:t'.~ hoa~eowner's association. The watei- and sewer improvements wit] ~.. {~aintained by the C~unty. 3. The ~egu~red i~provements have been constructed in accordance with Ithe Land 'DevelOpment Code. The County Development oerv~,ce.~ has ~nspe¢:~ed 'the improvement.-.~ and is re¢'.on~cnding fina]i'acceptance of the improvements. 4. A re$o~urio~ £or final acceptance has been preparcd and approved by theiCounty Attorney's O~fice. A copy ui the documerrt is at tach~d. 5. Thiu Executive Summary has Dcen reviewed and approved by Transportation Services and Public works Utilities. The roadgay and drainage improvements w~l. 1 be maintained by the proTec~'~homeowners-.: association. Water and sewer improvements will be. MainL~ncd, by the County'~ Utility Department through th¢~' operaL~ori and mainten0r}ce budget. GROWTH M~N;t~ I~P~CT: None Pt- rm_~,-i~-~ 1~:~1 FROM:CO. M~4qGER'SOFFICE 19417744818 TO:TT4 8488 P.3'S Exec:u't ive~ Summary Stonebridge Unit T~ee Page 2 RECOMMENDATION: Their the iSoard of County Commission,=rs grant final acceptanne of the road~...aV, d£uinage, water an~ ~:~ewer improvef~c~:ts in ".%~concbrldge Unit Thr6e" an~ release the ~aintcnance security. I' Autho. rize the Chairman to ex,cute the attached resolution autho.'riz~ng final acneptance. Autho~rize the release of the mair~tenance security. ~REPARED iBY: John R..~,'oulds~orth, Engineer Date' Engineering Review Thomas--E.i Kuck, 9.E. Engineeri.~ng Review Director / County Engineer APPROVED Svcs. ,~Jv-x-,-cor~c l~:~i h~Ur~:t.U. M~NAGER'SOFFICE 19417T44010 T0:??4 8488 P.4~5 1 2 4 5 6 7 11 ~2 ~3 14 16 17 t6 2O 2~ 22 24 RESOLUTION NO. 02- RESOLUTION TO ^ [J'I'I:IORIZE FIliAL ACCEPTANCE OF ~'l'l-10$R ROADWAY, DRAINAGE. AND WATER AND SEWER I~PROVEMENTS 1N $'I'ONEBRJ. DGE UNIT 'fHR.EE, RELEA.%E O1'; ~'I-IE MAINT~,NANCE SECUI(ITY, AND .ACCEPT THE MAINTENANCE RE.qPO NS'IL'III_F FY FOR THE ROAD'WAY~ DRAINAGE, ~D WATER AND S. EV~ER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY' THE HOMEOWNERS ASSOCIATION. WH£R£AS, the Hoard Of Counly Commissioners of Collier Counly, Florida, on W~, ~c Developer h~ constn:ctcd ~d m~ntamcd the t'o~lw~y, drainage,[ ~d water and scwcl' improvement~ in acc°r(laq~ ~ ~ apprGv~ p~ ~d ~p~ifiCutto~ and ss r~u~ed by {l~c ~nd Development Code (Colli<r Cotmty Ordinance No. 91-I~}2, us umCnd~q, anti lhc Utilities Standards and Procedur¢~ Ordinance (Collier Coun~ Ordlnancc No, 97-17); ~d ~HEREAS., thC D~v~lo~¢r is requesting final acceptance of Ih~ roadway, dram~e.} ~ad water and ~ewer improvcm~l~ and rclc~¢ of h~ maiu~e s~ky; ~HE~AS, thc Comvliancc Scmces Section of the Development Se~iccs pepanm~.t h~ insp~tod th= ~tdway, ckainagc. ~d watcr and sewer improvCm=nt~. ~s recomme,~ding a~cpt~ce of said ibc]lilies. t N~)'w, 'I'f-IEREF(~R~, BE IT .RESOLVED BY THE BO~ OP COUNTY COMMBSIO~I~ OF COLLfffR COUNTY. FLO~A. ~ fi~l ;~cpt~ is he~y ~ant~d ~or those roadway, drainage, and ~ater ami ~;wu~ hnpr~c~s m Unu TMOn. ~d ~thozizc thc Clclk to ~'elease the mahxten~xc.e ~E,. IT FURTHER ~SOLVED A~ O~EI~'D that the County ,.0oopi thc Allure. illallltelt~ce, altd other attendu.( co818 for roadway, drainage, and water a/Id Improvements. that are not required t(, b= mamlair~d by Ibc Stoncbndg¢ homeownerR 21 29 30 31 32 33 35 37 30 39 42 43 44 45 40 DATE: 47 aa D~GHT E BROCK, 52 [ sa Approv=d a~ to fo~ and ICga) ~ suilic]cndy: S~ Pa~ick ¢ ~itc 60 'BOAILD OF COUNI'Y COMMISSIONERS COLLII;.R COUNTY, FLOILIDA By; .tAMES N. COLETTA. CHAilLMAN NOV 1 9 ~ 10:21 FROM:CO. MAI~AGEP'SOFFICE 19417744010 T0:774 8408 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "HUNTINGTON LAKES UNIT TWO" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Huntington Lakes Unit Two" CONSIDERATIONS: On June 4, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Huntington Lakes Unit Two" o The roadway and drain~ge improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be m~intained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. This Executive Sumr~ary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their .operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None NOV 9 2002 pg. Executive Summary Huntington Lakes Unit Two Page 2' RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Huntington Lakes Unit Two" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Engineer Date REVIEWED BY: ' Thomas E. Kuck, P.E. Engineering Review Directc:- / County Engineer D~te' APPROVED BY: J° s eP~h~~~~"/i r a t °r-~7--/T- Commur~lsQ Dev. and Environ ,.ental Svcs. NOV 1 9 2002 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 $2 §$ $$ $? 60 RESOLUTION NO. 02- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN HUNTINGTON LAKES UNIT TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBII.ITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 3, 1996 approved the plat of Huntington Lakes Unit Two for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and xvater and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Huntington Lakes Unit Two, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Huntington Lakes homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to..llz,ma, and les[al sufficiency: Patrick G. White Assistant Collier County Attorney NOV I 9 2002 EXECUTIVE SUMMARY %EQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "HUNTINGTON LAKES UNIT THREE" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Huntington Lakes Unit Three" CONSIDERATIONS: 1. On April 15, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Huntington Lakes Unit Three" 2. The roadway and drainage improvements will be maintained by the project's homeowner's sssociation. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None NOV 1 9 2002 ExecUtive Summary Huntington Lakes Unit Three Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in ,,Huntington Lakes Unit Three" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R.' Houldsworth, Engineering Review Engineer Date REVIEWED BY: . / , Thomas E. Kuck, P.E. Engineering Review Director County Engineer APPROVED BY: Jose h ~~or Commun~t~ Dev. and Envircn'~¥~eL-a SvCS. NOV 1 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 4O 41 42 43 45 46 47 4' 51 52 53 55 57 59 60 61 RESOLUTION NO. 02- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN HUNTINGTON LAKES UNIT THREE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 23, 1997 approved the plat of Huntington Lakes Unit Three for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Huntington Lakes Unit Three, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Huntington Lakes homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAIVIBS N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency: ~~ Patrick G. White Assistant Collier County Attomey AGENDA I]:]FJ~ ~ NOV 1 9 2002 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "HUNTINGTON LAKES UNIT FOUR" OBJECTIVE: To grant, final associated with Four" acceptance of the infrastructure improvements that subdivision known as "Huntington Lakes Unit CONSIDERATIONS: 1. On February 22, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Huntington Lakes Unit Four" 2. The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained bY the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their .~oPeration and maintenance budget. GROWTH MANAGEMENT IMPACT: None NOV 1 9 2002 Executive Summary Huntington Lakes Unit Four Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Huntington Lakes Unit Four" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineer Engineering Review / REVIEWED.,BY: Thomas-E. Kuck, P.E. Engineering Review Directc~ / County Engineer Date D~te ' APPROVED BY: o e~tt, Admin~'~trator Svcs. ityDev. and Envircc.?~ental NOV 1 2002 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 4f~ 51 52 53 55 57 58 59 6O 61 RESOLUTION NO. 02- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN HUNTINGTON LAKES UNIT FOUR, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 5, 1998 approved the plat of Huntington Lakes Unit Four for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Huntington Lakes Unit Four, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Huntington Lakes homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: D'. rIGHT E. BROCK, CLERK Approved as to form and legal .~. c~iency: ~atrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COLrNTY, FLORIDA By: JAMES N. COLETTA, CHAIRaMAN NOV ! 9 2ff EXECUTIVE SUMMARY PETITION CARNY-2002-AR-3335, PASTOR ETTORE RUBIN, c.s,, OUR LADY OF GUADALUPE CHURCH, REQUESTING PERMIT TO CONDUCT A CARNIVAL FROM NOVEMBER 27 THROUGH DECEMBER 1, 2002, ON CHURCH PROPERTY LOCATED AT 207 SOUTH 9tH STREET IN IMMOKALEE: OBJECTIVE: Pastor Ettore Rubin, c.s., of Our Lady of Guadalupe Church, is requesting that the Board of County Commissioners approve a permit to conduct a carnival from November 27 through December 1, 2002, on the Our Lady of Guadalupe Church property located at 207 South 9~h Street in Inunokalee. CONSIDERATIONS: Pastor E~torc Rubin, c.s. of Our Lady of Guadalupe Church, has made application to thc Board of County Commissioners for a permit to conduct their annual carnival and has presented sufficient evidence that all thc criteria has been met for the issuance of a carnival permit other than their request to waive thc surety bond. FISCAL IMPACT: The $275.00 permit application fee does cover the cost of processing and required inspections. The applicant requested a waiver of the surety bond. The event has been an annual event for some years and historically the church has restored the grounds to their normal condition~ The County holds no liability for this event. has GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners approve the permit to conduct the annual Our Lady of Guadalupe carnival. PREPARED BY /~USAN MURRAY, AICP CURRENT PLANNING MANAGER MARGARE~ ~?~ERSTLE.. ~AI~' :~vLANNING~4~ERVICE$ DIREC OR //-5- DATE DATE DA~fE / NOV 1 9 2002 Permit No. PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Pastor Ettore Rubin, of Our Lady Of Guadalupe Catholic Church, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, Pastor Ettore Rubin, of Our Lady Of Guadalupe Catholic Church, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Pastor Ettore Rubin, of Our Lady Of Guadalupe Catholic Church, has requested a waiver of the Surety Bond. NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO OUR LADY OF GU.M)ALUPE CATHOL1C CHURCH, to conduct a carnival from November 27th through December 1, 2002, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this .. day of _, 2002. ATTEST: DWIGHT E. BROCI , CLERK Approved as to Form and Legal Sufficiency: Marjori0M. Student Assistant County Attorney CARNY-2002-AR-3335/SM qo BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: JAMES N. COLETTA, CHAIRMAN NOV 1 9 2002 NOTE: Please read reverse side Copy: Zoning Director before completing this Copy: Petitioner Petition. Copy: (2) County Manager CARNIVAL OPERATION PETITION PETITION NO. DATE: October 30, 2002 PETITIONER'S NAME: Our Lady of Guadalupe Catholic Church PETITIONER'S ADDRESS: 207 South 9th Street, Immokalee, Florida 34142 TELEPHONE: (239)657-2666 or 657-6303 PROPERTY OWNER'S NAME: Ettore Rubin, c.s. PROPERTY OWNER'S ADDRESS: 207 South 9* Street, Immokalee, Florida 34142 TELEPHONE: (239)657-2666 or 657-6303 LEGAL DESCRIPTION OF SUBJECT PROPERTY: SE~A, NE~A of the SW~A of Section 4, Township 47 South, Range 29 East, Collier County, Florida. GENERAL LOCATION: 1 block South of State Road 29 on 9~ Street in Immokalee, Florida. CURRENT ZONING: 'RMF-6 C~NT USE: Place of worship NATURE OF PETITION: A request is hereby made for a permit from Collier County to hold our annual carnival from November 27 thru December 1, 2002. THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE REVERSE SIDE.) 3.a. Yes 3.e. 1). Yes 3.e.4). Yes 3.e.7). Yes 3.b. Yes 3.e.2). Yes 3.e.5) Yes 3.e.8). Yes 3.c. Yes 3.e.3). Yes 3.e.6) Yes 3.e.9). Yes 3.d. Yes Comments: tITIONER DATE REVIEWED by Board of County Commissioners: Approved: Conditions of Approval: Exhibit "^" Disapproved: NOV 1 9 2002 SIGNATURE OF COUNTY MANAGER pg.. ~ ARNIVAL OPERATION PETITION October 30, 2002 Section 3a. Section 3b. Section 3c. Section 3 e. F. A surety bond. Applicant is requesting a waiver of the surety bond due to the annual carnival being held on the Church grounds. Evidence of current public liability is herein attached to this petition from both our Church and the Tolve Presentations, Inc. Permit fee of $275.00 (Two Hundred Seventy-Five dollars) is herein attached per check. Information as you requested: Tolve Presentation, Inc., of 269 Orient Way Lyndhurst, New Jersey 07071, will provide the carnival rides again this year. Our Lady of Guadalupe Catholic Church, 207 South 9th Street, Immokalee, Florida 34142, will sponsor said carnival. As the Bishop's representative, Rev. Ettore Rubin, c.s., is solely responsible of the Church affairs. FOOD STANDS: Light foremostly Mexican dishes, hamburgers, hot dogs, each being run by a team of five (5) persons. SOFT DRINKS will be served from two (2) booths separated by food stands. NO ALCOHOLIC BEVERAGES will be sold or allowed on the church grounds. MECHANICAL RIDES for children and adults, since the availability of rides contingents upon what other areas Tolve Presentation, Inc. is working at the time, it is almost impossible to know which specific rides will be offered. GAMES OF SKILL or chance will be the type not pi ohibited by Florida State law. ACTIVITIES: a. Games of skill will be provided by Tolvc Presentation, Inc. who will pay a fee percentage of the earnings. b. Games run by Our Lady of Guadalupe: 1. Loteria (Mexican Bingo) Names and Social Security numbers of each person that is responsible for a booth. Since neither Mr. Tolve nor I, Father Ettore Rubin, will know ahead of time which particular worker will be at the carnival, I am unabl, to provide, at this time, their names or Social Security numbers. Our parishione~ are as follows: Kitghen and Food Booths NAME Gerardo Alfaro Natividad Ayala Adan Contreras Anastacio Contreras Gloria Contreras Norma Contreras Sylvia Contreras Natividad Gamez EMPLOYEE OR PARISltlONER Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner SOC. SECURITY 449-80-9292 455-64-2495 463-58-6 460-65-4 263 -64-4 451-64-6: 265-73 -9 387-42-2 73 '65 ;61 NOV 1 [t 2002 ~24 46 p&._ .... 0. 11. Kitchen and Food Booths (Cont'd) EMPLOYEE OR NAME Dahlia Garcia Salvador Garcia Amis Gedeon Irma Gomez Maurilio Gomez Aurora Hemandez Saturnino Hemandez Artemio Lozano Laura Lozano Andres Marquez Benjamin Marquez Isabel. Marquez Jos~ ~. Marquez Jose l~t. Marquez Maria Marquez Nereida Marquez Nora M. Marquez Rueben Marquez Digna Martinez Rosa Martinez Lucy Ortiz Neflili Ortiz PARISHIONER Parishioner Parishioner Church employee Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Church employee Parishioner Church employee Parishioner Parishioner Parishioner Parishioner Parishioner SOC. SECURITY 262-83-0179 267-91-3047 594-39-3280 595-54-6020 460-33-8391 460-33-9200 267-62-9181 263-68-1167 534-84-4685 592-05-0861 266-93-7617 266-79-7909 092-42-8226 261-04-5155 266-93-8520 264-77-8255 092-42-8033 261-97-4679 265-13-4519 463-72-1256 581-86-0094 For a description and sketch of the site, see next page. A water fountain is located in our parish hall, one outside the Soup Kitchen and another in the Church. We have eight (8) functioning toilets in different church buildings and we will rent eight (8) pcrtable toilets for the duration of the carnival. There are four (4) street lights in front of the church, eight (8) in the back and one (1) in the front of, the Soup Kitchen. Power will be supplied by a generator from Tolve Presentations, Inc. for their own rides. Plans for g~rbage, debris and sewerage disposal is as follows. Since our restrooms are permanently installed, we foresee no sewerage problems in this area. The portables will be serviced every day. The food concession booths will operate out of the "Soup Kitchen" and will enable us to use the facilities. Garbage and debris will be taken b, truck to the local landfill daily. We have 3 dumpsters and 20 - 30 gallons gmbage can The cans will be placed around the grounds. Diamond Security has been contacted. Denise L. Dufault, for Nicholas J. Lukacovic, Pres. signed contract with Father Ettore Rubin, c.s. This Contract states that there will be five (5) armed, uniformed and certified officers for security to our carnival. Fire extinguishers are available on the property for minor fires. The carnival shall be held from Wednesday, November 27, 2002 through Sunda3 December 1, 2002. The hours ofthe carnival shall be from 6:00 p.m. to 11:00 p As a legal administrator of Our Lady of Guadalupe Catholic Church, I hereby git consent for the carnival to be held on the Church grounds fi'om November 27 th~ December i, 2002. Client#: 87 CERTIFlCATE OF LIABII ~ROOUCE O 8200 NW 41st Street, Ste. 200 MI~J~I, FL 33166 3 J2-6080 ~ "~--~URED OUR LADY OF GUADALUPE CHURCH DIOCESE OF VENICE P. O. BOX 2006 .lTV INSUI AN- - , DATE D Y, I 10101102 . T--"~'~'~E~ MATTER O"'~--i-~ORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EX'rEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE IN%URER A: UNITE~ INSURANCE CO. IN%URER B: TNCRRG RANCE CO. INSURER D: VENICE, FLORIDA 34284 INSURERE: POUClES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO V~"IICH THIS CERTIFICATE MAY BE ISSUED OR TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ANY REQUIREMENT, TERM MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT pOLICIES. AGGREGATE LIMITS SHOWIq MAY HAVE BEEN REDUCED BY PND CLNMS. 04101102 GENERALUABIUTY CP65197-03 04101102 COM M ERCtAt. GENERAL LiAB ILIT~ 1053-03 Ct. NMS I4.ADE [~ OCCUR iEN'L AGGREGATE LIM IT APPLIES PER: 04101102 CP65197-03 04101102 1053-03 AUTOMOBILE LIABIUTY ANY AU'TO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS 14101/03 F_ACH OCCURRENCE 14101103 (ny ~ I"~RAGE UABIUTY __~ ANY AUTO PERSONAL&ADV INJURY LAGGREGATE .COMP/OPAGG CP65197-03 ~~'~R~7~,~iUT~ ________~SP4329-FL-03 _~ oTHER ~4101102 04101102 04101103 COCa,NED SINGLE LIMIT 04101103 (Ea ,.ccld~t) ~00 ,103 04101103 BODILY INJURY (Per person) )ILY INJURY ~ccident) PROPERTY DAMAGE ~r accident) EA ACCIDEI EA ACC oTHER THAN AUTO ONLY: AGG $1,000,000 ~ . XCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS SCRiPTiON OFOPERATIONS/t'OCA.T~...Ofl..S.'/~,,EH,..,IC~,,L,'E~.~S~E~-~){%I~-&AD~O 0'7 nF~FMBER '1. 2002. CERTIFICATE HOLDER IS NAMED AS ADDITIONAL , ~s: THANKSGIVING CARNIVAL Mm r~..,v tAS RESPECTS OUR LADY OF GUADALUPE CARNIVAL. UR LADY OF GUADALUPE 07 SOUTH 9TH STREET, IMMOKALEE, FL 34142 ~ ; RLETTER; CANCELLATION ----"---'--'- DATE THEREOF, IIM POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPC ~ Ri:PRESENTATtVES. GXC B UT FAILURE TO DO SO SH ALL ACORD 25-S (7/97) t of 2 #S429431M37884 Sep 25 2002 ]:59PM R]lied Spec~a]t~ Insuran¢ / ' ?2? -367- ! 40? p o 2 IA CDP~ OF LIABILITY INSURANCE CERTIFICATE ~:-~Allied Specialty Insurance, Inc I 10451 Gulf Blvd ONLYA~DCON . - I H FEES NO RIG, ~. o. ~o× ~ 700 a I ~_,~'T%-bo~ .o~ mEND, Treasure Islam, d, FL 33736-?008 ....... Tolve ~eee~tat~a, Iac. =eu~oe Co an ~a ~ird ~neration ~ 8628 Constitution Drive ~c. EXTEND THE II~LICIF~ O~ I~SURANCE LISTED BELOW HAV~ BEEN I~UED~ ~E I~ ~~ ~ THE ~ ~Y ~NN. ~E ~E~GE ~O~ED ~ ~E ~IES ~ ~ ~ ~ ~8~ ~ ~l~ ~ES. ~~ ~1~ ~ ~y ~ B~ ~B~ H~N IS~~ ~E ~, ~US~ ~D ~~ ~ ~ ~D~ BY P~D C~. LIABILITY ;~ ; :1,030, 00O N2MF1490 04/17 &I~IY AUTO HIR3ED At,/'r~ · 3N.OWgEO AUTC~ AJ'h'AUTO __ eL,Am S Ud&~ ~b~ u~r 'M2MF1490 I 04/17, 04/17,/03!~=l~l,~ue°Ll'uldT $ [ BCX:)I~Y I~URY $ .:Effec=~ve from 10/24/02 Additional Insured: OUR throuEh 12/03/02 207 EVEI~: ~C~ FESTIVAL CERYiF~-~_TE HOLDER [ L. F..4C~ A~OENT I E L. DI~E)'6G, · POLICY I,IIflT ; ;10,000,000 1,000,000 500,000 LADY OF GtTADALAPE $. 9TH STREET IM~IOKALEE, FL 3393~ Ou~ LADY OF GUADA~DE 207 S. 9TH STREET IM~OKALEE, FL 3393~ 1(131f. O AII~ OF TII AIOO/I OIl~ql[O IqlJCll i! C~ji~i~j. iO iiOi! Tltl iXPi Fj~TION OA'~'nf I~lOl", N iIUlIO INI4JI~ R WLL BdOe~VO~ T~ liar 10 DiYS MU~Tm ACORD ~ (~q~lM) 9415428880 DIAMOND INVEST INC. 107 P84 SEP 25 '~ ~:~ ECLIPSE ~ ~ O ........ 5050 ~S~ L~ON ~ ~ ........................................................................................................... T~A, ~R~A 33609 DIAMONDZNYBSTZGA~ZONBARD DIAMOND GBOOllXT~ 1314 CAPB COKAL PKNY l, GTE 203 C. X3)I CO]l.]t~, I~ 33904-96&3 FLOR[DA DI~PART}vfJ[NT C~ STATE OF FLORIDA - Other Food Service Permit Number: 502. 11-48-00180 Issued to: Our Lady Of Guadalupe Cath. Chu For: Guadalupe Center 211 S 9th St Immokalee , FL 34143 Mailed to: Guadalupe Center P O Box 1053 Immokalee , FL 34143 Capacity: 88 County: COLUER Issue Date: 10/1/02 Amount Paid: $ 160.00 Paid Date: 7/30/02 Permit Expires On: September 30, 2003 Issued blt. Envimnrnental Health & Engineering 2800 N. Homes~oe Drive, NaiVes, FL :134104 (239) 403-2499 DISPLAY IN A'CONSPICUOUS PLACE Thomas O. VValker, P.E. Environmental Health Administrator ORIGINAL . CUSTOMER (Non-Transferable) AGENOA ITEM I NOV 1 9 2002 Pi. ~ 'l t SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS: Name of event Our Lady of Guadalupe Catholic Church Annual Carnival Address of event 219 South 9th Street, Immokalee, Florida 34142 Date(s) of event November 27-December I, 2002 Sponsor of event Our Lady of Guadalupe Catholic Church Person in charge of food s.ervice Ettore Rubin, c.s. Number of food and beverage booths {[2 Estimated number of attenders expected at the event at one time? 3,000 Number of toilets to be p[ovided: Portable: Male ( Permanent: Male ( Method of toilet waste disposal: Hours of operation 6:00 p.m. to 11:00 p.m. Phone (239)657-2666 or 657-6303 5 ) Female(5 ) 8 ) Female( 8 ) Immokalee Water & Sewer, Inc. and T&M Port-O-Let Services, Inc. Describe method of liquid kitchen waste disposal: Immokalee Water & Sewer, Inc. Describe containers and method of solid waste disposal (garbage): 3 large dumpsters from Immokalee Dispo. plus fifteen (15) 30-gallon trash cans Number of solid waste disposal containers provided: 3 dumpsters Describe facilities and method of hand washing: Sinks at Guadalupe Soup Kitchen and cooler with water spouts, soap and paper towels Describe facilities and method of utensil washing, rinsing and sanitizing: Sink at Guadalupe Soup Kitchen Source of potable water: Immokalee Water & Sewer, Inc. and assorted gallon containers with water spouts.. NOV 1 9 2r II EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002- 003 styled Board of County Commissioners Collier County, Florida vs. Lloyd L. Bowein regarding violation of Sections 2.7.6.5, as amended of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2002-003 styled Board of County Commissioners Collier County, Florida vs. Lloyd L. Bowein. CONSIDERATION: On April 25. 2002 a public hearing was heard before the Code Enforcement Board regarding x iol;~tion of Section 2.7.6.5, as amended, of the Collier County Land Development Codc. An Amended Order Imposing Fmcs/Costs/Lien in the amount of One Thousand and Eighty Six Dollars ($1086.00) for tile operational costs incurred in this case. Said Lien was recorded in Official Record Book 3099 Pages 3480, et.seq., and Official Record Book 3100, Pages 0051, et.seq., in the Pub',ic Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of June 28, 2002 indicating compliance with the Order of the Code Enforcement Board. On October 18, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related'to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. AGENDA ITEM NOV' 1 21 02 GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: REVIEWED BY: SUBMITTED BY: APPROVED BYi Shanelle Hilton Jane~ Powers, Operations Manager vlichelle Arnold, Code Enforcement Director ~~~ Date: seph K. Sch/nitt, Administrator AGENDA ITEM NOV t 9 2002 P~. Z This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples. Florida 34.112 (239) 4.03-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of One Thousand and Eighty Six Dollars ($1086.00), arising out of the Code Enforcement Board Amended Order Imposing Fines/Costs/Lien dated July 25 2002, recorded in O.R. Book 3099, Pages 3480, et. seq., and O.R. Book 3100, Pages 0051, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Lloyd L. Bowein has been satisfied in full. Lots 48 and 49, Replat of part of Blocks 4 and 5, of Naples Park Subdivision Unit No. 1, according to the plat thereof, recorded in Plat Book 4, Page 6. of the Public Records of Collier County, Florida Folio No. 62521520007 & 62521560009 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Lloyd L. Bowein and consents to this lien being discharged of record. Dated this day of .2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLAR COUNTY, FLORIDA , Deputy Clerk By: James N. Coletta, Chairman Approved as to form Ellen T. Chadwell Assistant County Attorney EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001- 065 styled Board of County Commissioners Collier County, Florida vs. Leonardo Portal regarding violation of Ordinance No. 91-102 as amended, Sections 2.7.6.1 and 1.5.6 of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2001-065 styled Board of County Commissioners Collier County, Florida vs. Leonardo Portal. CONSIDERATION: On February 28, 2002 a public hearing was heard before the Code Enforcement Board regarding violation of Ordinance No. 91-102 as amended, Sections 2.7.6.1 and 1.5.6 of the Collic, r County Land Development Code. An Order Imposing Costs/Lien in the amount of Five Hundred Seventy Six Dollars and Seventy Cents ($576.70) for thc operational costs incurred in this case. Said Lien was recorded in Official Record Book 2995 Pages 0882, et.seq., and re-recorded in Official Record Book 2995, Pages 0992, er.seq., in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date or' January 2, 2002 indicating compliance with the Order of the Code Enforcement Board. On October 25, 2002 the lien amount was paid in full. Therefore, a Satisfaction of I.ien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording h~ the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. NOV 1 9 2002 GROWTH MANAGEMENT IMPACT: County's Growth Management Plan. This request will have no impact on the RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~r~~ Shanelle Hilton REVIEWED BY: SUBMITTED BY: APPROVED BY: ~~ ~ Date: II/q]6~ Janet Powers, Operations Manager , ~ . Date: t/~/~ :~V~ini~rator NOV 1 ~ 2002 This ~nstmment prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) ,$03-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Five Hundred Seventy Six Dollars and Seventy Cents ($576.70), arising out of the Code Enforcement Board Order Imposing Costs/Lien dated March 5 2002, recorded in O.R. Book 2995, Pages 0882, et. seq., and O.R. Book 2995, Pages 0922, et. seq,', of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Leonardo Portal has been satisfied in full. Lot 7, Block 141, Golden Gate Unit 4, according to the plat thereof as recorded in Plat Book 5, at Pages 107 through 116, inclusive, of the Public Records of Collier County, Florida Folio No. 0000036127200003 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Leonardo Portal and consents to this lien being discharged of record. Dated this. day of ,2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSION~ERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: James N. Coletta, Chairman Approved as to form Ellen T. Chadwell Assistant County Attorney NOV 1 9 2002 EXECUTIVE SUMMARY ..-. RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.8351AR-3135 "LIVINGSTON LAKES COMMERCIAL EXCAVATION", LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26, EAST; BOUNDED ON THE NORTH BY VACANT AGRICULTURE ZONING AND STILES PUD, ON THE WEST BY LIVINGSTON ROAD RIGHT-OF-WAY, ON THE EAST BY DONOVAN CENTER PUD, AND ON THE SOUTH VACANT AGRICULTURE ZONING. OBJECTIVE: To issue a Commercial Excavation Permit to Section 30 Corporation LLC., for the project know as "Livingston Lakes Commercial Excavation" in accordance with County Ordinance No. 92-73, Division 3.5. CONSIDERATIONS: The petitioner proposes to haul 85,000 C.Y. of fill offsite which requires a Commercial Excavation Permit. This Executive Summary has been reviewed and approved by Transportation Services. FISCAL IMPACT: The Community Development Fund has or will receive $1,602.00 in revenues broken out as follows: Application Fee: $850.00 permit Fee: $752.00 Total $1602,00 Prior to permit issuance, a Road Damage Fee in the amount of $3995.00 will be paid to the Transportation Department. GROWTH MANAGEMENT IMPACT: NONE ENVIRONMENTAL ISSUES: NONE HISTORIC/ARCHAEOLOGICAL IMPACT: NONE EAC RECOMMENDATIONS: AGENDA ITEM,~ NOV 19 2002 Pg. · No EAC public hearing was required because of the size of the excavation. CCPC RECOMMENDATIONS: No CCPC public hearing was required. ENGINEERING SERVICES RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.803 Section 30 Corporation LLC "Livingston Lakes Commercial Excavation" with the following stipulations: 1) All provisions of Collier County Ordinance No. 91-102, Division 3.5 shall be adhered to. 2) If trees are to be removed as a result of the hauling operation, a Vegetation Removal Permit, required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence. 3) Off-site removal of material shall be limited to 85,000 C.Y. and shall be subject to "Standard Conditions' imposed by the Transportation Services Division in document dated 5/24/88 (copy attached). Senior Engineer DATE REVIEWED BY: Thomas E. Kuck, P.E., Engineering Services Director/County Engineer DATE' APPROVED BY: DA'~, ! AGENDA IIE. M NOV 1 9 2002 PI- 2- COLLFER COUNTY TRANSPORTA~ON SERVICES :,~STANDARD CONDITIONS- EXCAVATION PERMrF APPLICATIONS L'VVOLVING OFF-SITE REMOVAL OF MATERIAL o The intent of these "Standard Conditions" are to provide excavation permit apphcants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: Haul mutes between an excavation site and 'an arterial mad shall be private with property owner(s) approval or be a pU~blic collector road built to standards applicable to handle the resulting truck traffic. Where',residential areas fi'ont collector roads, appropriate mm lanes, buffer and bikepath shall be required as minlm:al site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous mad condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. Haul routes utili~n[; public roads shall be subject to road maintenance and road repair or an appropriate fair shm~ by the permittee in accordance with Excavation Ordinance No. 91-t 02 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traItic and road impact analysis shall' be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If' appropriate, road impact fees m accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. ' 1..The.,T~on S .etvice~ A~on r~erves the right to e~abli.~h em~ we/ght resolution i.~_,",,,~ ,~., z,__.~ _~,.. ~_ ..~ ~ oc mc prcsemm:ion ox an applicable ,~,, 2---'7 -_-'":" ,".'~. ~,,~uu m county commissioners. Should weight ;;rn;ts be~ institm,o_ loadings leaving the p~r~s,,ml:~le m___m?lement.meas~., to ~ that ali heavy trck ~,,,,~-ty comorm to the appucable wetght restriction. The F-.xcavation Performance ~ of public ~ shall apply to excavation operations and also thc EXItlBIT NOV 1 9 2002 Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropri:tte. Should a blasting permit application be submit'ted and should residential areas e>:ist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: Ao Structure haventory/moaitoring and applicable property owner release as required by the Development Services Director. Security bond applicable to private property damage acceptable to the County. Control of size/depth/number of charges per blast by the Development Services Director. Do The fight of the County to suspend and/or revoke blasting permit authority should it be dete,zlined that blasting activities are creating unacceptable off-site conditions either in t~'ms of private property damage and/or related physical effects of blasting operations. No excavation pei'mit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 AGENDA ITEld NOV 1 9 2002 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO COMBINE FUNDS IN THE RADIO ROAD BEAUTIFICATION MSTU INTO ONE PROJECT NUMBER 60081 IN THE AMOUNT OF $155,800. OBJECTIVE: To obtain Board approval to process a budget amendment to combine funds in the Radio Road Beautification MSTU into one project number 60081. CONSIDERATIONS: During the budget preparation process the landscape maintenance funds for the Radio Road Beautification MSTU were split into two separate project numbers and divided the funding between them. Each project number is for the exact same thing, the Landscape Maintenance of the Radio Road Beautification MSTU. This executive summary is to amend the budget to combine the funding into one project number 60081. FISCAL IMPACT: A budget amendment is needed to transfer funds from the Radio Road Beautification MSTU project 60080 in the amount of $155,800 and move it to the Radio Road Beautification MSTU project 60081. There is no additional funds being requested and no increase to the budget. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION,,: That the Board of County Commissioners approve the budget amendment to combine funds in the Radio Road Beautification MSTU Landscape Maintenance Project. b :wman, Transportation Accounting Supervisor APPROVED BY: ~an f~'~ DATE: {l/7//O''- No L'Feder,' AICP, Transportation Administrator AGENDA F{'EM , NOV 1 9 2002 L~ 0 0 0 0 000000000 O0~O~X~ ~-. ~0 ~ ~000~ 0 00000o0000 0 0 u 0 0000000000 0 0 0000000000 0 0000000000 0 0000000000 0 0000000000 0 0000000000 0 0000000000 0 0000000000 0 0 ~0 0 O~ O~ 000 000 000 omo~ Z~O0 0000 0000 0000 0000 0000 0000 0000 0000 0000 ~0 0000 0000 0000 0000000 ~ 0000000 ~ 0000000 ~' 0000000 ~ ~0 0000000 ~ 0000000 ~ 0 0 U~ © © z 0 0 0 0 0 NOV I 9 2002 o o oo ooo ooo 0 0 O0 000 000 0 0 O0 000 000 0 0 0 0 O0 OOC~ 000 CD 0 000 000 ['0 O0 000 000 Z 0 0 ~ o o o> ~ o ~ 0 ~ . © ~ 0 Z C~ 0 0 ~J o o o 0 0 O0 000 000 0 0 O0 000 000 ~ 0 0 O0 000 000 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO TRANSFER FUNDS FROM THE GOLDEN GATE PARKWAY LANDSCAPE MAINTENANCE ACCOUNT INTO THE CR 951 PHASE A AND B LANDSCAPE MAINTENANCE ACCOUNT. OBJECTIVE: To obtain Board approval to process a budget amendment to transfer funds from the Golden Gate Parkway Landscape Maintenance Account into the CR 951 Phase A and B Landscape Maintenance Account. CONSIDERATIONS.: During the budget preparation process the Landscape maintenance funds for the CR 951 Ph A and Ph B segments were budgeted in the Golden Gate Parkway Landscape Maintenance account. A budget amendment is needed to transfer the funds out of the Golden Gate Parkway Maintenance account and properly budget the maintenance funds within the CR 951 Phase A and Phase B maintenance accounts. This is needed for proper financial accounting of these segments. FISCAL IMPACT: A budget amendment is needed to transfer funds from the Golden Gate Parkway Maintenance account in the amount of $260,307 and appropriate to CR 951 Phase A $113,986.75 and to CR 951 Phase B $146,320.25. Source of Funds are the MSTD General Fund and there is no increase to this fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the budget amendment to transfer funds from the Golden Gate Landscape Maintenance Account and into the CR 951 Maintenance Account Phase A & B. SUBMITTED BY: REVIEWED BY: REVIEWED BY: Sharon Newman, Transportation Accounting Supervisor Val P, rinc~, Landscape Project Manager 'l~i~' l~tel~ -', T~anspo~ta~ion Maintenance Director N~an E. Feder, AICP, Transportation Administra DATE: /[/~/0~-' DATE: DATE: DATE: /,' AGENQA ITEM NOV 1 9 2002 EXECUTIVE SUMMARY REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A DONATION AGREEMENT AND ACCEPT A DRAINAGE EASEMENT FROM THE SABAL LAKE SUBDIVISION HOMEOWNERS ASSOCIATION, INC. FOR A PARCEL OF LAND CONTAINING 0.07 ACRES FOR THE PURPOSE OF PROVIDING ADDITIONAL DRAINAGE WITHIN THE COMMUNITY WHICH WILL ALLOW THE COUNTY LEGAL ACCESS AS REQUIRED FOR ALL COMMON DRAINAGE FACILITIES WITHIN THE COMMON AREA OF THIS DEVELOPMENT. OBJECTIVE: To approve a Donation Agreement and accept a Drainage Easement over a portion of the common land area within the Sabal Lake community where drainage improvements were constructed by the developer to better assist with stormwater discharge from the development's lakes during heavy rains. CONSIDERATION: Sabal Lake is a Planned Unit Development located on the south side of Radio Road, east of Santa Barbara Blvd. The original plat of Sabal Lake dedicated all drainage easements within the tracts of common areas of land to Collier County for the purpose of providing drainage, with no responsibility for maintenance. The subject property is within the common land Tract "F" of Sabal Lake but was not originally dedicated as a drainage easement at the time the PUD was approved because it was not deemed a necessary easement at that time. In order to improve stormwater discharge from the southernmost lake within Sabal Lake and through Tract "F" to the development's ultimate stormwater outfall, storm drainage pipe was installed, at the Developer's expense. This donation from the community to the County places the new storm drainage pipe within a drainage easement as required by Collier County for all common drainage facilities within a development. The storm drainage pipe and the easement area will be maintained by the Sabal Lake Community. If at any time Sabal Lake is unable to adequately maintain the drainage within the easement, by virtue of the approval and acceptance of the Donation Agreement and the Drainage Easement, the County has the benefit of ownership of the easement and legal right to enter upon the land for maintenance purposes. FISCAL IMPACT: The Recording fee of $10.50 is the only anticipated expense to the County and will be paid from the General Fund. Source of funds are Ad Valorem taxes. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associaL d with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: 1) Approve the Donation Agreement; 2) Accept the Drainage Easement; and 3) Direct Staff to complete this acquisition by recording the Drainage Easement Aq.EN~A IT~=~M NOV 19 2002 pg. Executive Summary Sabal Lake Drainage Easement Page 2 of 2 SUBMITTED BY: ,.~.. ~x.~ DATE: Hope Brack, Senior Property Acquisition Specialist Transportation Right-of-Way Office Robert Wiley, P, rl~ciple Project Manager Storm~~ti°n/TECM REVIEWED BY: L .... i - DATE: Gregg Strakaluse, P.E., Director Transportjation Construction and Engineering Department APPROVED BY: ~"~ ,~~'.~. _~ DATE: Norr~a~ Feder, AICP, Administrator Tranf~ortation Division NO¥ 19 SABAL LAKE, UNIT ONE DRAIN~(;E E,kSEMENT I,EGAi IIESCRIPI'ION A portion of Tract "F", of Ibc pla: "Sabal L.akc Un[! One", as recorded in Plat Book 15. ['ages 1 and 2, inclusive of thc Public Rccoids of Colli,:l Coun:x. Florida and more parlicularty described as Commence at the Southeast corner of 'F,a,I "7", ,)( thz plat "Sabal Lake Unil One", as recorded in Plat Book 15, Pages I and 2, inclusive oF~}~: }:'~bl~c l',~'co:ds of'Collier County, Florida and tUll 8880 49' 14"W a distance of 302.02 tbet; thence rm NJ' !olc '46"W a distance of 20.00 Feet Io lhe Point of Beginning: Thence run NO7°45'53"W a distance of 1~2 ~g ',cot. '~hcncc run S88049'I4''W a distance of 30.20 Feet; thence runS07°45'53"Eadistnnceof :~2.~,S~bct:thcncerunN88°4~'14"Eadistanceof30.20 feet to thc Point of Beginning; Said parcel containing 0,07 acres, more or l:=s. ~t~blcct lo easements, restrictions, and reservations of record. Florida Registration No, 1543 Not valid unless signed Nol valid unless sealed a ith thc Original raiscd seal McAnly Engineering and Design. lnc. 5435 Park Central Court Naples, Iqorida 34109 AGENDA IT~.M No- ,._., - NOV 1 9 2002 '~ROJECT: Sabal Lake Drainage PARCEL: Portion of Tract F FOLIO #: 71755000601 DRAINAGE EASEMENT THIS EASEMENT, made and entered i'~Io this ,~"" ~)day of ~ ~'~--',~ ! , 2002, by SABAL LAKE SUBDIVISION HOMEOWNERS' ASSOCIATION, INC., b Florida not for profit corporation, (hereinafter referred to as "GR,~NTOR") whose mailing address is 2335 9'~ Street North, #504, Naples, FL 34103, and COLLIER COUNTY, a political subdivision of the State of Rodda, its successors and assigns (hereinafter referred to as "GRANTEE") whose mailing address is 3301 East Tamiami Trail, Naples, Fiodda 34112. (Wherever used herein the terms "Grantor" and "Grantee' include all the parties to this instrument and their respective heirs, legal rep-esentatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by ~e Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege to enter upo'~ and to install and maintain drainage and utility facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, res;ri:lions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unt~ the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and maintaining drainage and utili:y f~cil ties :i~ereon. Grantor and Grantee are used for singular or plural, as the context req~.ires. The =.=~sement granted herein shall constitute easements running with the land and shall bur:Jen t"~e -=~.~ described above. IN WITNESS WHEREOF, the Gran:¢,r ha~ c~.=.~a these presents to be executed the date and year first above written. Witne,~ (Signature) Name (Print or Type) W~t n e ss ~Big-n at u rb')" Name (Print or Type) ' COUNTY OF ~ The~ foregoing Drainage Easement was acknowledged before me this .-~ day of /_.,L~,,~/ . 2002, by MARIAN T~OMPSON as President of SABAL LAKE SOB~IVISlON HOMEOWNERS' ASSOCIATIDN, INC., a Florida not for profit corporation, on behalf of the corporation. Said person is ~y n--~o me or has produced as indentific~-.icn,"a~tes that she is authorized to sign on behal~ of the Association. M.A"~ ~' r,; THOMPSON ~ t~a:~ ;'r:t or Type) 257~ ~' Street North #504 r~l~. Florida 34103 NOV 1 9 2002 Pg. SABAL I_AKE, UNIT ONE DRAINAGE EASEMENT LEGAL DESCRIlrFION A portion of Tract "F", of thc plat "Sabal k:t:e Lqnt ©ne', as recorded in Plat Book 15, Pages I and 2, inclusive of the Public P, ecords of Co3iic:- County, Florida and more particularly described as follows: Commence at the Southeast corner of T~act "F", of tile plat "Sabal Lake Unit One", as recorded in Plat Book 15, Pages 1 and 2. inclusive of the l'.Jblic Records of Collier County, Florida and run S88° 49' 14"W a distance of 302.02 feet: thence rL n N01°1()'46''W a distance of 20.00 feet to the Point of Beginning; Thence run N07°455Y'W a distance of I',)2..(8 l':el; thence run S88°49'14"W a distance of 30.20 feet; thence run S07°45'5Y'E a distance of. 02.6~ feet; tt~ence run N88"49' !4"£ a distance of 30.20 feet to the Point of Beginniug; Said parcel containing 0.07 acres, mo~e cr It ss, ;t~b. ic:t to easements, restrictions, and reservations o f record. Pt'e p~ed By: Florida Registration No. 1543 Not valid unless signed Not valid unless sealed v, ilh the Original raised sei, I McAnly Engineering aod Design, Inc. 5435 Park Central Court Naples, Florida 3,1109 AGENQA ITEM NOV 1 9 2002 PROJEC. T: PARCEL: FOLIO: S,~bal Lake Drainage Portion of Tract F 717550O0601 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the 'Agreement') is made and entered into by and between SABAL LAKE SUBDIVISION HOMEOWNERS' ASSOCIATION, INC., a Florida not for ~orofit corporation, (hereinafter referred to as "Owner"), whose mailing address is 2335 9~' Street North, #504, Naples, Flodda 34103 and COLLIER COUNTY, a political subdivision 3' the State of Flodda, (hereinafter referred to as 'County"), whose mailing address is 3301 Tamiami Trail East, Naples, Flodda 34112. WITNESSETH: WHEREAS, County has requested thal Owner convey to the County a perpetual, non- exclusive easement for drainage and utility ~.~poses over, under, upon and across the lands described in Exhibit "A" (said easement hersinafter referred to as the 'Property'), which is attached hereto and made a part of this Agreement; WHEREAS, Owner has been maintaining and is willing to continue to maintain the subject drainage easement; and WHEREAS, Owner desires to grant aq Easement for drainage purposes to the County over the Property; and WHEREAS, Owner recognizes the ben=---f~t to Owner and desires to grant an Easement on the Property to the County for the stated F urposes, on the terms and conditions set forth herein, said terms including that no ccmpensation shall be due and payable for the Easement requested by County; and NOW, THEREFORE, in considerati3n c,f these premises, the sum of Ten Dollars ($10.00), and other good and valuable ccnsiceration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant a Drainage Easement to the County at no cost to the County, unless otherwise stated herein. 2. Owner acknowledges that during the annual membership meeting of the homeowners on February 26, 2002, the membership voted to approve the donation of the drainage easement to the County as require'~ by the applicable Declaration of Covenants, Conditions and Restrictions of Sabal Lakes. 3. Prior to Closing, Owner shall abt&i'~ from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumt-rances from the Property upon their recording in the public records of Collier County, FIo'ida. Owner shall provide such instruments, properly, exec0 .ed, to County on or before the date of Closing. 4. This Agreement shall be null and v3id, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have 1he unilateral right to extend the term of this Agreement pending receipt of such instruments, propedy executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Counys enjoyment of the Property. 5. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Flodda. AGEND.,A iTEM NOV 19 2002 Pg. ~ 6. - Owner represents that the Propety and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property '-".cept as specifically disclosed to the Couqty; that the Owner has no knowledge of any spill environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, prcceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnih/, defend, ~ave and hold harmless the County against and from, and to reimburse the County with r~pect to, any and all damages, claims, liabilities, laws, costs and expenses (including withou: limitation reasonable paralegal and attorney fees and expenses whether in court, out of co~t, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by o' asserted against the County by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by con'/e/ance of title. 8. The County shall pay for all co-~ts 3f recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying ary costs and/or fees associated with the securing and recording a Subordination, Consent &, cinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s~ All other costs associated with this transaction including but not limited to transfer, documemary and intangible taxes shall be borne and paid by Owner. The cost of a title commit'rem shall be paid by County. 9. This Agreement and the terms an31 provisions hereof shall be effective as of the date this Agreement is executed by both 9aEies and shall inure to the benefit of and be binding upon the parties hereto and t'~eir respective heirs, executors, personal representatives, successors, successor tru=_te ~s, and/or assignees, whenever the context so requires or admits. 10. Conveyance of the Property by O~,ner is contingent upon no other provisions, ;onditions, or premises other than those ss stated above; and the written Agreement, including all exhibits attached hereto, snail constitute the entire Agreement and understanding of the parties, and there are nc 3ther prior or contemporaneous written or oral agreements, undertakings, promises, warr&nties, or covenants not contained herein. 11. If the Owner holds tha Propedy in the form of a partnership, limited partnership, corporation, trust or any form of represen~t ye capacity whatsoever for others, Owner shall make a written public disclosure, accordin; ;o Chapter 286, Florida Statutes, under oath, of the name and address of every person ha'¥ nga beneficial interest in the Property before the Property held in such capacity is conveyed tc County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes. whose stock is for sale to the general public, it is hereby exempt from the provisions of ChaPter 286, Florida Statutes.) 12. This Agreement is governed and construed in accordance with the laws of the State of Flodda. AGENOA ITEM .o. NOV 19 2002 Pg~ 7 1N WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk ,Deputy Clerk AS TO OWNER: WITNESSES: W itne.~ (Signature) (Print) V~t n e sls'(S ig n at u"~ ) Name: ~'~¢~f~.u_ ~ (Print} Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Chairman SABA~L LAKE SUBDIVISION HOMEOWNERS' ASSOCIATION, INC., a Florida not for profit corporation MARIAN THOMPSON as President (Print or Type) Ellen T. Chadwell Assistant County Attorney NOV 1 9 2002 Pg. EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO RECOGNIZE UNANTICIPATED REVENUE IN THE AMOUNT OF $1,400,000 FOR THE PROPOSED IMMOKALEE ROAD/i-75 INTERCHANGE PROJECT FOR THE IMPROVEMENTS RELATED TO THE TARPON BAY BOULEVARD/NORTHBROOKE DRIVE INTERSECTION IMPROVEMENTS, PROJECT NO. 66042A. OBJECTIVE: To receive Board approval of a budget amendment to recognize unanticipated revenue received in the amount of $1,400,000 for the construction contract for the Immokalee Road/I-75 Interchange project. CONSIDERATION: On June 25, 2002, the Board of County Commissioners approved the Agreement with Brentwood Land Partners, LLC with regards to improvements to the Immokalee Road/Tarpon Bay Boulcvard/Northbrooke Drive intersection that would be built with the Immokalee Roac[/l-75 Interchange project. The Board also approved the contract with Better Roads, Inc. on July 30, 2002 for the construction of the Immokalee Road/I-75 Interchange project. Brcntwood Land Partners has remitted to the County the sum of $1,400,000 for the additional improvements. Any monies not used from this amount deposited will be returned to the contributor. FISCAL IMPACT: A budget amendment is needed to recognize the revenue and appropriate the $1,400,000 in thc expense side of the budget within the Immokalec Road/I-75 Interchange Project Nc,. 66042A. GROWTH MANAGEMENT 1MPACT: This Capital Improvement Element (CIE # 6) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the necessary Budget Amendment to recognize unanticipated revenue and appropriate it on the expense side of the budget within the Immokalee Road/I-75 Interchange Project No. 66042A. e, P.E., Principal Project Manager APPROVED BY: ~ ~~. ~ Gre7 ~7 kaluse, Director, T.E. & C.M.D. APPROVED B~o i, Add~inistrator T/ansportation Division / DATE: DATE: //"" 7"~'t~~''' DATE: - AC4FNt'3A ITEM NOV 1 9 2007. pg. EXECUTIVE SUMMARY, APPROVE RESOLUTIONS TO ESTABLISH "NO PARKING" ZONES ALONG THE COUNTY ROAD RIGHTS-OF-WAY OF INDUSTRIAL BOULEVARD AND CORPORATE SQUARE BOULEVARD AT A COST OF APPROXIMATELY $2600 OBJECTIVE: Due to safety concerns, Board approval of two resolutions to establish "No Parking" zones along the rights-of-way of Industrial Boulevard from Radio Road (CR 856) to Mercantile Avenue and Corporate Square Boulevard is requested. CONSIDERATIONS...'. Upon the request of a business owner that a parking prohibition be established along Corporate Square Boulevard, personnel from Traffic Operations began an investigation of the site. The investigation revealed that there are people parking along the rights-of-way of both Corporate Square Boulevard and Industrial Boulevard. While parked on the rights-of-way, driver's must cross the centerline or stop to allow opposing traffic to pass. Both actions can potentially cause crashes. Along Corporate Square Blvd, parking along the right-of-way at the curves causes the lanes to be narrowed; the narrowed lanes, in turn, cause a sight distance problem with the potential ora resulting sideswipe or head-on type crash. Along Industrial Boulevard, vehicle transport tractor-trailers are unloading vehicles while parked on the right-of-way. Vehicles are backed offthe transport vehicle onto the right-of-way. This action forces other drivers into on-coming traffic creating the potential for a crash. Observation revealed that larger trucks were forced to stop until it was safe to pass the parked vehicle forcing traffic to back up within 50 feet ora signalized intersection. It is deemed in the best interest of Collier County to prohibit parking along both County roads (Corporate Square & Industrial Boulevards) providing safer roadways for Collier County drivers and preventing further damage to the rights-of-way. FISCAL IMPACT: The estimated cost for the installation of the new signs is $2600.00 (14 signs along Industrial Bivd, 12 signs along Corporate Square Boulevard, 26 signs ~ $100 each). Funds are budgeted in the Transportation Services Fund 101 as a part of on going sign maintenance. The source of the funds is ad valorem taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the attached resolutions and direct the Transportation Operations Department to install the appropriate signing. Rob~/W. T'ptot~ P.~., T/~C OP~,,~te: //- .ons Manager REVIEWED BY: D~ ,te:/~r/~ E~~~, Ka~ran,portat,oll Opcrat'i's ~r¢ctor APPROVED BY: , ,~ Date: AICP, Transportation Service~/Administr N~r~m E. Feder, or NOV 19 2002 pg. GOLDEN GA TE CANAL ~V~ ~IU AVE IUE tv' ENTER A~ NORTH .... ~ ~ -~ ~ ~ "r~-':-- o ~ RESOLU1'IDN NO. 2002- RESOLUTION TO ESIABLISH A "NO PARKING" ZONE ALONG INDUSTRIAL BOULEVARD FROM RADIO ROAD (CR 856) TO MERCANTILE A VENU'E. WHEREAS, on May 20, 1980, the Be a~ of County Commissioners adopted Collier County Ordinance No. 80-47 regulating parking in the unincorporated areas of Collier County; and WHEREAS, Section Four, Paragrapl- 2 of said ordinance authorizes the Board of County Commissioners to adopt resolutions designat ng certain areas along County roads as being areas in which parking, standing or stopping are res:rioted or prohibited, and upon adoption of said resolutions by the Board of Commissioners, such roads ~all be posted with signs specifying the restrictions or prohibitions of parking, standir g, or stopping;land WHEREAS, a request has ~been suba~ilted for the establishment of a "no parking" zone along Industrial Boulevard from Rac~io Road o Mercantile Avenue; and WHEREAS, through an investigat~:_.n of the area by Collier County Transportation Operations Department, it has been determin~-d to be in the interest of the County to establish a "No Parking" Zone along the County road right-of -Kay of Industrial Boulevard from Radio Road to Mercantile Avenue. NOW, THEREFORE, BE IT liESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNT'(, FLORIDA THAT the following County road right- of-way be designated as a "No Parking" Zane and said road be posted as necessary with signs specifying that parking is prohibited at an.~ time: "NO PARKING" is to be along tke east and west rights-of-way of Industrial Boulevard extending from Radio Rc--ad ',CR 856) north to Mercantile Avenue. THIS RESOLUTION ADOPTED after too. ion, second, and majority vote favoring same this day of .2002. AT:rEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk Approve, d as to form and legal suffiq/ency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORH)A BY: JAMIES N. COLETTA, Chairman NOV 1 9 2002 Pg. 3 I 2 3 4 $ 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 26 27 2~ 30 31 32 33 34 36 RESOLUI-IDN NO. 2002- RESOLUTION TO ESIABLISH A "NO PARKING" ZONE ALONG INDUSTRIAL BOULEVARD FROM RADIO ROAD (CR g56) TO MERCANTILE AVENUE. WHEREAS, on May 20, 1980, the Bc ar:t of County Commissioners adopted Collier County Ordinance No. 8047 regulating par'king in the unincorporated areas of Collier County; and WHEREAS, Section Four, Paragrapl' 2 of said ordinance authorizes the Board of County Commissioners to adopt resolutions designat ng certain areas along County roads as being areas in which parking, stranding or stopping are ~s;ricted or prohibited, and upon adoption of said resolutions by the Board of Commissioners, such roads shall be posted with signs specifying the restrictions or prohibitions of parking, stand:rg, or stopping; and WHEREAS, a request has been sub-nitted for the establishment of a "no parking" zone along Industrial Boulevard from Radio Road 'o Mercantile Avenue; and WHEREAS, through an investigmizn of the area by Collier County Transportation Operations Department, it has been determin~ d to be in thc interest of the County to establish a "No Parking" Zone along the Count) road right-)f-x~ax cf Indastrial Boulevard from Radio Road to Mercantile Avenue. NOW, THEREFORE, BE IT I~ESOLX.'ED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT the following County road right- of-way be designated as a "No Parking" Zone and said road be posted as necessary with signs specifying that parking is prohibited at an3', tine "NO PARKING" is to be along tt'e east and west fights-of-way of Industrial Boutex ard extending from Radio Ro xd tCR 856) north to Mercantile Avenue. THIS RESOLUTION ADOPTED after mot:Ch, second, and majority vote favoring same this 37 da3' of ._, 2002. 38 39 40 A'IWEST: 41 DWIGHT E. BROCK, Clerk 42 43 44 BY: 45 Deputy Clerk .46 47 48 Approved as to form and legal 49 suffi~ency: ) /~ 51 J. L Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, Chairman AG~ND~ ITEM No. NOV 19 2002 RESOLUTION NO. 2002- RESOLUTION TO EST.xBLISH A "NO PARKING" ZONE ALONG THE ROAD RIGHT-OF-WAY OF CORPORATE SQUARE. BOULEVARD. WHEREAS, on May 20, 1980, the Bcard of County Commissioners adopted Collier County Ordinance No. 80-47 regulating parking in m: unincorporated areas of Collier County; and WHEREAS, Section Four, Paragraph 2 of said ordinance authorizes the Board of County Commissioners to adopt resolutions designating certain areas along County roads as being areas in which parking, standing or stopping are restricted or prohibited, and upon adoption of said resolutions by the Board of Commissioners, such roads shall be posted with signs specifying the restrictions or prohibitions of parking, standing, or stopping: and WHEREAS, a request has been submi:~ed f~r the establishment of a "no parking" zone within the road right-of-way of Corporate Square Boul_~vard: and WHEREAS, through an investigati2n (,;' thc a~ea by Collier Count>' Transporlation Operations Department staff, it has been determined to i,e in :he interest of the County to establish a "No Parking" Zone along the County road ng qt-of-x,, a5 ol Corporate Square Boulevard. NOW, THEREFORE, BE IT RESCL','ED [3'~' THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNT'_", FLORID.*x 'l HAT the folloaing County road right- of-way be designated as a "No Parking" Z~,ne z.nd ~,'d ri'ad be posted as necessary with signs specifying that parking is prohibited at an5' nrne. "NO PARKING" is to be allowec a~o'::: ~?-~. ~oad right-of-way of Corporate Square Boulevard. THIS RESOLUTION ADOPTED after motizn, .*ecor, d. and majority vote favoring the same this da3' of 2( 02 ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, Chairman Approved as to form and He~d~ F. Ashton Assistant County Attorney AC~NC~ ITEM NOV 19 2002 Pg. ~ 1 2 3 4 5 9 10 Il 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 5O 51 52 RESOLUTION NO. 2002-~ RESOLUTION TO EST,~BLISI! A "NO PARKING" ZONE ALONG THE RO.M) RIGHT-OF-WAY OF CORPORATE SQUARE. BOULEVARD. WHEREAS, on May 20, 1980, the B~.rd of Count)' Commissioners adopted Collier County Ordinance No. 80-47 regulating parking in the unincorporated areas of Collier County; and WHEREAS, Section Four, Paragraph 2 of said ordinance authorizes the Board of County Commissioners to adopt resolutions designzttng certain areas along County roads as being areas in which parking, standing or stopping are restricted or prohibited, and upon adoption of said resolutions by the Board of Commissioners, scch roads shall be posted with signs specifying the restrictions or prohibitions of parking, standir~g, or stopping; and WHEREAS, a request has been submiaed for the establishment of a "no parking" zone within the road right-of-way of Corporate Square BouIex ard; and WHEREAS, through an investigation of the area by Collier Count3' Transportation Operations Department staff, it has been determined ~o be in the interest of the County to establish a "No Parking" Zone along the County road rigqt.ot'-~ ay of Corporate Square Boulevard. NOW, THEREFORE, BE IT I~ESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT the following County road right- of-way be designated as a "No Parking" Zvne and said road be posted as necessary v;ith signs specifying that parking is prohibited at an) t~e "NO PARKING" is to be allox~ec :_;ong the road right-of-way of Corporate Square Boulevard. THIS RESOLUTION ADOPTED after motizn, second, and majority vote favoring the same this da), of . ~00_. ATTEST: DWIGHT E. BROCK, CI~ k BY: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, Chairman Approved as to form and Assistant County Attorney NOV 1 2002 pg. EXECUTIVE SUMMARY APPROVE AN INTERAGENCY AGREEMENT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF CORRECTIONS, HENDRY CORRECTIONAL INSTITUTION, FOR CONTINUED USE OF INMATE LABOR IN ROAD MAINTENANCE ACTIVITIES. OBJECTIVE: To obtain Board approval of an Interagency Agreement between Collier County and the State of Florida Department of Corrections for the use of inmates from the Hendry Correctional Institution fore, public works projects in Collier County. CONSIDERATIONS: The Board, meeting in regular session on September 28, 1999, approved an Interagency Agreement between Collier County and the State of Florida Department of Corrections fofi'the use of inmates from the Hendry Correctional Institution for public work projects in Collier County in accordance with Chapter 946, Florida Statutes, and Rules of the Department of Corrections, Chapter 33-3.003 and 33-3.017 (Agenda Item 16B2). The Hendry Correctional Institution has provided this service to Collier County for approximately eleven years. The County provides minor roadway safety equipment and tools (e.g.,safety vests, signs, etc.) and the cost per year is approximately $500. The work performed by the inmates usually exceeds 10,000 man hours per year right-of-way clearing, litter pick-up, and maintenance of drainage facilities. FISCAL IMPACT: Funds are available in the amount of $500 in the Transportation Services fund (101~1 source of funds are Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the Interagency Agreement between Collier County and the State of Florida Department of Corrections, Hendry Correctional Institution, and authorize the Chairman to execute same. MichaeFA. Etelamaki, P.E., Director' Transportation Road Maintenance Department REVIEWED BY. . J-acaue ide Hubbard Robi~on, Assistant County Attorney APPROVED By: $o/nnal _~_.~ .J~''"~/ ~ '~ E. Feder, ~,, Transportation Administrator DATE: DATE :tt- 'I.-~ D~ NOV 19 2002 FLORIDA DEPARTMENT OF CORRECTIONS' INTERAGENCY/PUBLIC WORKS AGREEMFNT (LOCAL AGREEMENT) This Agreement made and entered into this day of 20 , by and between the State of Florida, Department of Corrections, t~ough its institution/fac/lit3,, CharCI/HenCl W/C 0aereinafter referred to as "Department"), and the C.C. Road & Bridge (hereinafter referred to as Agen% ), is done so in accordance with Section 946.40 Florida Statutes and Florida Administrative Code Rule Chapters 33-601.201, Inmate Work Programs and 33- 601.202, Use of Inmates in Public Works. The duration of this agreement is from 07~01~00,~ to 06/30/2003 mo/dd/w mo/dd/vr Work performed under this Local A~eement is determined to be value added or cost savings as defin~ in the CommuniB:,.,,.,, ~,"'A-'- Squad :,,~,u,d' ' .... (check one). Value ~ '~'~ '~ Cost Savings I. DEPART%~?-,TS RESPONSIBF,.ITIES d~l~,,,:-..~,, by p,acemem of an The Depra-tment agrees to provide, or ~s ~ z>~on,~b,e for, those items ~ '- ....~ ' - "~' in the space !c, cat~5 to uhe !e~ ~'~ ......... ~: ........ ' ........ ...........· .- ~u,u,~. ~:m,u~. ~tems fur wmcn ~he Dep~ment is not r~pansihla ~hall be - -'--~ "XT/*,' ' Screen inmates for the work to be performed to assign inmates who do not present a danger to propen3' or persc.::s 'Provide up to 8 imf, ares each workday for the period of the agreement. Community custody ( ); Minimum custody ( ); Both ( X ). X Pro'~4de I vehicles and I Correctional Officers each workday to transport inmates to and from the work site. Provide Correctional Officer vaper~4sion of the work squad while performing work under this Agreement. X Provide food and drhxks for inmate lunches. Apprehend escapees and handle problem inmates. o Prm,-ide transportation from the work site to the correctional facility for inmates whom refuse to work, become unable to work, or cause a disruption :- t~c. ..... ~- schedule. AGENDA II'~,,l~l NO. NOV 1 9 2002 Pg. 2. Inmate I2bor Agreement X $. X Page 2 of ~ Administer all disciplinary action to be taken against inmate(s) for infractions committed while under the supervision of the Agency. Pro'~Sde for medical treatment of ill or injured inmates and transportation of such inmates. NrA NA X I0. 11. 12. Conduct a background check, which includes a criminal history check, and obt~n approval by the institution/facility Warden or designee prior to au~orizing Non- Department Supervisors to participate in training to supervise inmates. Provide orientation and training to Non-Department Supervisor(s) approved to supervise inmates prior to hheir assuming supervisory responsibility of an inmate work squad. Training MIl be in accordance Mth the "' .... ~,.partm,nt s g',fidelines for N ~ 'on-Department SupenSsion of Inmates and will include annuaI re~esher training duhng each successive yem- ofsuper~dsion by the ~ -on-Departmen~ Supendsor. N · the Agency in ~he event that an Agency employee ~-,~:, -- ,-, .... mpe~.Jsion of inmate(s). ~ .... 13. Provide inma.:es wizh ail personaJ items o, ~.lom~ng appropriate for the season of the year. Have inmates ready for r,-,~nsporra~iorv'work at ~he appropriate times regardless of : ~ ........ ~ ....~'-' oy me Agency ofmspended work temperar~-e or ,nc~emcm ~.,c~,,,c~, u,~c~ notified ~ --~ ~ -~ ......... , ...............~,,c,[ oete~',,,,,,~" ' work squad should noi check that a ~rA_ 15. ~=- ' Ot,~, (ar, ach additionai pageks)if necessary). .-~tJr.~c'~ S RESPONSIB~IT'-~S The Agency agrees to provide, or is responsibie for, those items delinealeci by piacemem of an "7~' in the space located to '.he le~ of hhe co~esponding number. Items for which the Agency is not responsible shall be marked "N/A" to the !cfi of the number. X 1. Provide the Department Mth a schedule of hours t~hat inmates v~dll be worked in accordance wiih the established workday for the Agency and the ~ansportation time required. Any deviation from the established schedule w411 be reported to, and coordinated with, the Department. NA_ 2. Provide supervision of inmates in accordance with the Department's rules and regulations while performing work under this Agreement. Non-Department Super¢isors may supervise Community and Minimum Custody inmates. Each Non- Department Supervisor must successfully pass a background check that includes criminal history check, and must be approved by the institutiorv'facili~ designee and complete required orientation/training in the supervisio: prior to assuming supervision. oxlqo.m_ates, [¢, ~_~ NOV 1 9 2002 Pg. Inmate Labor Agr¢cmem Page 3 of 4 NA_ 3. Provide transportation of inmates each workday to and fi-om the work site. Provide all tools, equipment, materials and personal items such as gloves, robber boots, hard hats, etc., necessary and appropriate for performance of the work under this Agreement. X Ensure that licensing or permits are obtained if required for the work to be performed under this Agreement. Provide necessary supervision and guidance for projects th, at require a permit and require technical assistance to complete the project. NA Immediately notify the Department in the event of an escape while the inmate is under supervision of the Agency. Report any inappropriate behavior displayed by inmates or any inmate who fails to perform tasks in an acceptable manner. Complete daily the Community Work Squad Activities Report, DC6-239 (to be provided by the Department) and submit the form on a weekly basis to the Department. NA Report ,-.ii inmate injuries, regardless of how minor in nature, to the Department as soon as possible. Report any medically relat~ compiaims made by an inmate to Cue Department as soon as practical. In cases of emergency, render firm aid, within the scope of the supervisor's medical rrainin~ to work squad inmates and provide emergency health care and related assistance to the Department. X Pro-,.Sde inmates ;-~h a fiflccn-minme rem break in the rr, orning and afternoon. I,unch breaks shall normally begin al Noon and last at least thirty (30) minutes. Enmre inmates are supervised during rest and lunch breaks. NA i0. Require each Non-Department Supervisor, approved to supervise inmates and o~her appropriate staff members, to auend oriemafion,"n'aining in the super~-ision of inmates prior ro assuming supervision of inmates and refresher training annually thereafter. __X 11. Ensure that all work assignments/projects utilizing inmates are authorized projects of the rnnnicipality, city, county, governmeraal agency or non-profit organization and that private contractors employed by tho Agency do not use inmates as any part of their labor force. NA 12. Agency hereby agrees to be liable for, and shall indemnify, defend and hold the Department harmless from all claims, suits, judgments or 8~mages including court costs and attorney's foes arising out of intentional acts, negligence or omissions by the Agency in its supervision of inmates pursuant to this Agreement. If agency is an agency or subdivision of the State of Florida, this paragraph shalI not be interpreted as altering the stat,'s wa/ver of immunity in tort pursuant to Section 768.28, Florida Statutes, or to othgrwise impose liability on Agency for which it otherwise by law be responsible. AGEND^:IIE~ NOV 1 9 2002 Pg..___..~.__..__ X 13. Other special considerations regarding activities of the work squad that may be based on work location, etc. (attach additional page(s) if necessary). III. SUSPENSION OR TERMINATION OF AGREEMENT The Department or the Agency may suspend or terminate this agreement with immediate written notice, in whole or in part, to the other party when the interests of the Department or Agency so require. Agreed to and signed this day of ,20 FOR DEPARTMENT OF CORRECTIONS: Witnesses: Signature Print Signature Print FOR COUNTY: ATTEST: DWIGHT E. BROCK, Clerk NalTle~ Title: Warden Name: Title: Major BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal sufficiency: ~{q. ue~ne Hubbard Robinson A~sistant County Attorney By: JAMES N. COLETTA, Chairman NOV 1 9 2002 EXECUTIVE SUMMARY REQUEST THE BOARD TO ADOPT A RESOLUTION AUTHORIZING TRANSPORTATION DIVISION ADMINISTRATOR AND TRANSPORTATION MAINTENANCE DIRECTOR TO SIGN THE CERTIFICATION OF DISBURSEMENTS FOR THE FDOT ASSET MANAGEMENT MAINTENANCE AGREEMENT, CONTRACT NUMBER BD-418, FINANCIAL PROJECT NUMBER 412918-1-72-01. ~: For the Board to adopt a Resolution delegating Transportation Division Administrator and Transportation Maintenance Director as authorized representatives of the Board of Collier County to sign the Certification of Disbursements for the Florida Department of Transportation Asset Management Maintenance Agreement. CONSIDERATIONS: The agreement with the Florida Department of Transportation requires that the Chairman of the Board of County Commissioners sign all contract documents relative to conducting business transactions. This requires each monthly progress payment to be presented to the Board of County Commissioners for authorization to have the Chairman sign the Certification of Disbursements. Alternatively, legal counsel for the FDOT has advised the County that adoption of a resolution giving consent and specifically authorizing county staff to sign the document would be acceptable as well. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board adopts the attached Resolution delegating as authorized representatives of the Board of County Commissioners of Collier County for the FDOT Asset Management Maintenance Agreement, Contract Number BD-418, Financial Project Number 412918-1-72-01. Michael A. Etelamaki, P.E., Road Maintenance Director REVIEWED BY: APPROVED BY: Nod a, ye Hubbard Robinson, Assistant County Attorney ~.4,,,~/~~ DATE: El F'ede~-~ A~[CP, Transportation Administrator //---/2-0 - AGEblD& ITF_,M. No._ NOV 1 9 2002 1 2 3 4 5 6 ./ $ 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2'/ 211 29 3o 31 32 RESOLUTION NO. 2002- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING COUNTY TRANSPORTATION OFFICIALS TO CERTIFY DISBURSEMENTS TO THE FLORIDA DEPARTMENT OF TRANSPORTATION WHEREAS, agreements exist between the Collier County Board of County Commissioners (Board) and the State of Florida Department of Transportation (FDOT) and said agreements require ongoing approval of monthly progress payments to parties identified in the agreements; and WHEREAS, FDOT has advised County staff that adoption of a resolution giving the Board consent and specifically authorizing County staff to sign documents authorizing progress payments is acceptable to the FDOT; and WHEREAS, it is the intent of the Board that tile positions, the titles of which appear in the chart below, are hereby delegated the authority to approve and execute on behalf of and in tile name of the Board, certifications of disbursements; and WHEREAS, this Board authorization shall remain in full force and effect, and tile FDOT shall be entitled to rely upon this authorization until written notice of modification, rescission, or revocation has been provided to the State Utility Engineer of the FDOT. No such modification, rescission, or revocation shall, in any event, be effective with respect to any certifications of disbursements provided by the County to FDOT prior to notice of such modification, rescission, or revocation to the FDOT as specified above. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The positions, the titles of which appear in the chart below, and the persons, tile na res of who appear in the chart below, are hereby authorized to approve and execute on behalf of and in the name of the Board, the specified documents listed in the chart below. Title of Representative Transportation Administrator Director, Road Maintenance Name of Representative Norman Feder Michael Etelamaki This Resolution is not hereby intended to confer discretionary authority on anyone othe Board of County Commissioners. Approved to Sign ( Please check or specify type below) Certification of Disbursements I Certification of Disbursements J AGENDA ITFM ~ '] ti]an the NOV 1 9 2002 PS. ~ 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 I This Resolution adopted this __ 2 second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to fom~ and legal sufficiency: day of ,2002 after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Ranuro Mafialich Chief Assistant County Attorney JAMES N. COLETTA, Chaim~an AGENDA IT~ M'"'"~ NO._ NOV 1 9 2002 Ps.. ~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CERTIFICATION DISBURSEMENT OF PREVIOUS PERIODIC PAYMENT TO SUBCONTRACTORS (As required by Florida Transportation Code, Section 337.11, Subsection (10)(a), F.S.) FORM 700-010-38 CONSTRUCTION 02/99 FIN PROJ. I.D. DATE CONTRACT NO. TO RELEASE MONTHLY PAYMENT FOR , prime contractor for the above referenced contract, hereby certifies that all subcontractors, except for those noted below, having interest in this contract have received their pro rata share of all previous periodic payments made to date by the Department for all work, materials and equipment furnished under the contract. The term "subcontractor", as used herein, shall also include persons or firms furnishing materials, services or equipment incorporated into the work or stockpiled in the vicinity of the project for which partial payment has been made by the Department and work done under equipment-rental agreements. EXCEPTION: The following subcontractors have not been paid and a copy of the notification sent to each, explaining the good cause why payment has not been made, is attached to this form: Subcontractor name Sb wet Add~ ess City State Zip Subcontractor name Street Address City State Zip State of Florida County of Sworn to and subscribed before me this day of , , by (Pdnt name of person signing Certification) Contractor By Title Notary Public Commission Expires Personally Known ~ OR Produced Identification Type of Identification Produced Instructions: Attach copy of the notification good cause sent to each applicable subcontractor. List the subcontractors previously listed which ~ paid the proportionate share of payme~ by the contractor and the date listed as exception. List the subcontractors previously listed which have been paid the proportionate share of payments the contractor and the date listed as exception. A separate certification is required for each contract. To be si(3ned by principal of the firm or someone with the delegated authority and notar zee. To avoid delay in payment, certification must be submitted to the Project Engineer no later than the Friday before the, monthly estimate cutoff date (generally the 3rd Sunday of the month). RECYCLED PAPER · ~: ~".'- ".. , ' ':.'~'..~. ~ '~'~:~BOARD OF ~U~ ~MMISSIONERS ~':;'.~'~.:':~,.~-~'~~ ,. Date: Occobe~ 8, 2002 TO: I .T. -- - ~'r~-i d a Department of. Transvortatfon P.O. Box 810 Ft. Myers, Fl. 33902 Applic. P.O. No.: Depa~ment: Road Haintenance Phone: 239-417-6320 DUE AND PAYABLE UPON RECEIPT [BOARD DEPARTMENTS ONLY - CHARGES EXPENSE[: UPON RECEIPT OF YELLOW COPY IN FINANCE] DESCRIPTION AMOUNT ServbFes provided: Asset Management Maintenance ARreement Zor routine maintenance services on Collier County Primary Road System Contract Number -mBD 418 Financzaz ~roJect Number - 412918-t-72-01 Dates of Service - Sept. 1, 2002 through Sept.30, 2002 Payment Summary $124,5A8 Equipment Payment Redrction Summary , ($19,602.08; ~R~;~ Maint ance Superintendent TOTAL AMOUNT $105,046.75 ~KE CHECKS PAYABLE TO: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DETACH AND MAIL THIS PORTION WITH YOUR CHECK TO: FINANCE DEPARTMENT FUND 101 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FLORIDA 34112 REVENUE ACCOUNT COST163624CENTER I 3698020&J'/REV' COOE I PROJECT EXPENDITURE ACCOUNT FINANCE COPY Invoice: No. 34 067 Amt. Encl.: A/R I~ (2~9) 417-~2D Collier C_-o,__,~/Road M~intenance Depamnent ~ N~. BD-418 Flit. P~ No. 412918-1-72-01 NUMBER ACTIVITY DESCRIPTION NEASURE 135 :Environmental Work man-hour 197 Engineering Duties men-hour 411 A~ph~lt Repair {Manual) tons 412 Asphalt Repair (Mechanical) tons 414 Base Repair tons 421 ~ Grouting cubic ft. 423 Concrete Pavement Joint Repair linear ft. 424 Concrete Slope Pavement Joint Repair linear ft. 425 Cono~te Pavement Surface Repair sq. ft. 431 Motor Grader O0eration shoulder mi. 432 Rep N-paved Shld, Slopes. Ditches (Manl raj. 433 So~ding sq. yd. 435 Seeeling~ Fertilizing and Mulching 'acres 436 Reworking Shoulders acres 437 Misc. Slope and Ditch Repair cu. yd. 451 Ck~an Ominege Structures lin. ft. '~/1 456 Repair or Replace Ston'n Dr, Side Dr.. X-Dr. lin. ff. 457 IConcrete Repair cu. yd. 459 Concrete Sidewalk Repair sq. yds. 461 Roadside Ditches - Clean & Reshape (Mechl lin. f. 464 Outfall Dilches Clean & Repair (Mech.-Spreadt lin. ff. 465 Mit~ation Area Maintenance acres 471 Large Machine Mowing acres 7~?.86 462 Slope MOWing sc. res 1.2S 484 Interme~liate Machine Mowinc~ acres 17.S 465 Small Machine Mowing lacres 467 Weed Control(Manual~) lacres 489 Wildftow~ra 'acres 490 Fertilizing - Bulk tons 492 Tree Trimming and Removal manhour 493 Landscape Ama Maintenance sq. yd. 61.$ 494 Chemical Weed and Grass Con~'ol (Mechanical) gals 2~0 497 Selective Weeding (Broadcast) acres 519 Delineators units lS3.75 520 :Signs (Ground Signs 30 sf or lessi units 349.25 521 Signs (Ground Signs over 30 sf an0 All Overiane! units 522 Sign Cleaning units 154 526 GuarOmil Repair lin. ff. 527 Fence Repair lin. ff. 530 Attenuator Inspect. & Serv. ~sch 531 Attenuator Repair tach 532 Pavement Striping, (Large Machine) line mi. 534 Pavement Marking (Small Machine! sq. ft. 537 Raiseel Pavement Marker Replacement ~ach 540 Graffiti Removal , scI. ff. 541 Roadside Litter Removal laches 542 Road SweeDing(Manual,i ~cum mi. 543 Read Smmp~j(Mech.) cum mi. 545 Edcjing ami Sweeping eclge mi. 780 Permit Processing end Inspection mannour 200 787 Highw~ Hghting Maintenance manhour 941 Supel~iliOn.lnspectton/Engineering manhour 2~ 942 Co~ract Supewision,Engineedng and Inspection manhour 2'/1 987 Incident Management manhour 991 ~ Maintenance manhour 993 Bottemmnt menhour 994 Wo~ Preformed for ottmr State Agencies manhour 995 Maintm~nce Support Services manhour gg6 Mllmeilaneous Routine Maintenance menhour No Nq , 2002 Pg. ~ov '~ 9 20~ '"%1 PROJ. I.D. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CERTIFICATION DISBURSEMENT OF PREVIOUS PERIODIC PAYMENT TO SUBCONTRACTORS (AS required by Florida Transportation Code, Section 337.11, Subsection (¶0)(a), F.S.) 412918-1-72-01 CONTRACT NO. BD 418 TO RELEASE MONTHLY PAYMENT FOR Auqust Board of County Commissioners. Collier County. Florida , prime contractor for the above referenced contract, hereby certifies that all subcontractors, except for those noted below, having interest in this contract have received their pro rata share of all previous periodic payments made to date by the Department for all work, matadals and equipment furnished under the contract. The term "subcontractor", as used herein, shall also include persons or firms furnishing materials, services or equipment incorporated into the work or stockpiled in the vicinity of the project for which partial payment has been made by the Department and work done under equipment-rental agreements. EXCEPTION: The following subcontractors have not been paid and a copy of the notification sent to each, explaining the good cause why payment has not been made, is attached to this form: N/A N/A Subcontractor name Subcontractor name Street Address Street Address City State Zip City State Zip Collier County Approve¢,as to form &~ legal suf,ficiency  '~,~'.~-~- County Attorney Instructions: 1. 2. 3. 4. 5. ChairMan, Board of County · '",~=~..- · ','" . , ,..,c....,~ ..'"' ,:.,.' .'~'..,,/.., Attach a copy of the notification good cause sent to each applicable subcontractor. '~' List the subcontractors previously listed which have not been paid the propoCdonate share of payments received by the contractor and the date listed as exception. List the subcontractors previously listed which have been paid the proportionate share of payments received by the contractor and the date listed as exception. A separate cerlffication is required for each contract. , .... To be si,ned by principal of the firrrl or someone with the delegated authority and notarized. ~~r" i 'T~I~ir~.-..~ To avoid delay in payment, certification must be submitted to the Project Engineer no later that th L/ monthly estimate cutoff date (generally the 3m Sunday of the month). NOV FIN PROJ. I.D. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CERTIFICATION DISBURSEMENT OF PREVIOUS PERIODIC PAYMENT TO SUBCONTRACTORS (As required by Florida Transportation Code, Section 337.11, Subsection (10)(a), F.S.) co. C NO. TO RELEASE MONTHLY PAYMENT FOR Septemb6 Board of County Commissioners, Collier County, Florida , pdme contractor for the above referenced contract, hereby certifies that all subcontractors, except for those noted below, having interest in this contract have received their pro rata share of all previous periodic payments made to date by the Department for all work, materials and equipment furnished under the contract. The term 'subcontractor", as used herein, shall also include persons or firms furnishing materials, services or equipment incorporated into the work or stockpiled in the vicinity of the project for which partial payment has been made b,y the Department and work done under equipment-rental agreements. EXCEPTION: ~ The following subcontractors have not been paid and a copy of the notification sent to each, explaining the good cause why payment has not been made, is attached to this form: N/A N/A Subcontractor name Subcontractor name Street Address City State Zip Street Address City State Zip Collier County Approvea a_s to form & legal sufficiency Instructions: Attest: Attach a copy of the notification good cause sent to each applicable subcontractor. List the subconbactors previously listed which have not been paid the proportionate share of payments received by the contractor and the date listed as exception. Mst the subco~b-actors previously listed which have been paid the proportionate share of payments received by the contractor and the date listed as exception. A separate certification is required for each contract. To be ~igned by principal of the firm or someone with the delegated authority and notarized. To avoid delay in payment, certification must be submitted to the Project Engineer no later than th monthly estimate cutoff date (generally the 3~ Sunday of the month). Fdda~p~rF~' .o._.. NOV 1 9 2002 EXECUTIVE SUMMARY APPROVE WORK ORDER NO. BRC.FT-02-04 WITH BETTER ROADS, INC. FOR MEDIAN IMPROVEMENTS IN THE AMOUNT OF $128,317.75 ON PINE RIDGE ROAD, PROJECT NO. 60016, AND ADOPT A RESOLUTION REDUCING THE SPEED LIMIT ON PINE RIDGE ROAD FROM FORTY-FIVE MILES PER HOUR (45 MPH) TO FORTY MILES PER HOUR (40 MPH) IN THE VICINITY OF NAPLES BOULEVARD INTERSECTION. OBJECTIVE: To obtain Board approval of Work Order No. BRC-FT-02-04 for median improvements on Pine Ridge Road, and adopt a resolution to reduce the speed limit on Pine Ridge Road from 45 MPH to 40 MPH in the vicinity of Naples Boulevard intersection CONSIDERATIONS: The roadway section of Pine Ridge Road from US 41 to Airport-Pulling Road is experiencing safety and operational deficiencies. This project will apply modem access management guidelines to recapture roadway traffic capacity and enhance roadway safety through median improvements on Pine Ridge Road consisting of the following: · Restricted tums at Caribbean Road. Jaeger Road and Pine Ridge Center driveway; and · Dual left-turn lane on eastbGund Pine Ridge Road at Naples Boulevard. One proposal was received from Bcttc: Roads, Inc. in the amount of $128,317.75. No proposals were received from APAC-Florida, Inc. or Bonness, Inc. Staff's estimate for this project was $196,612.57. A public meeting was held on Mon&.,', ;,,ox'ember 4, 2002 to inform the public of the project. Further, an engineering analysis of ti':. !flne Ridge Road/Naples Boulevard intersection indicates that the resulting narrower lanes will require :~ s?eed limit reduction as part of the project implementation. Staff has prepared the attached resolutic~ !,.,". cr:,ng the speed limit through the intersection from 45 MPH to 40 MPH (Attachment No. 2). Funds in the an-~c'~mt of $128,317.75 are budgeted in the Road Construction - Gas FISCAL IMPACT: Tax Fund (313). GROWTH MANAGEMENT IMPACT: There is no growth management impact for this project. RECOMMENDATIONS: That the Board adopt a resolution reducing the speed limit on Pine Ridge Road in the vicinity of Naples Boulevard intersection from 45 MPH to 40 MPH, authorize staff to erect the appropriate traffic control signs, and authorize the Transportation Services \dministrator to approve Work Order # BRC-FT-g~,-04~h~he ~_ SUBMITTED BY:~/~~?~-- RE VIEWEDBY: /~___~~J/ n a er Ro~,.~T~W. ,Tipton, PE~'14'affif~ions Ma g REVIEWED BY: '///.~A, -~ .... an¢ o a ion O rat on APPROVED BY' / }~e'",/~ ,7~ · Norma' n 'F~der, A~ICP, Transportation Services Administrator Date: il/~/t 2-- Date Da! N AlE WORK ORDER # BRC-FT-02-04 "Annual Contract for Roadway Contractors" Contract #02-3327, Dated September 23, 2002 This Work Order is for Roadway Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Pine Ridge Road Median Improvements The work is specified in the proposal dated September 20, 2002 attached hereto and made part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # BRC-FT- 02434 is assigned to Better Roads, Inc. Scope of Work: As detailed in the attached proposal and the following: Task I - Construct median improvements on Pine Ridge Road in accordance with the drawings as prepared by the Transportation Operations Department, Sheets 1-8 dated September 4, 2002. Schedule of Work: Complete work within sixty (60) Calendar Days from receipt of the Notice to Proceed. Compensation: In accordance with the Agreement, the County will compensate the Firm in accordance with 9 negotiated amount of $1_8,a 17.75 as provided in the attached proposal. Itemized not to exceed amount $128,317.75 TOTAL FEE $128.317.75 Any change made subsequent to final department approval will be considered an additional service and charged according to.awexe~e?Change'O'rder; . as-enumerated_, in Exhibit~ D of the Agreement. r~-~, a.~evare~,n,,~:: . ~ ..... . . ., ,. , Jufio Or~~,,Seni='PF6ject Manager Date ~ { - .- '~:~ .~ ~ Reviewed By: ./::~.-~"-'-'- :'-'-" .... '~ .~,.. _ Edward J. Kant, PE, Transl~ortation Operations Director Date Approved By: Norman E. Feder, AICP, Transportation Services Administrator Approved as to Form and Lega. 1 Sufficie~tcy:~ P~s sis~'~n~Count y Attorney ATTES/~: (Corpolate Secretary) By: ~.~ Type Name and Title Date .....c: % ACCEPTED BY: Z,., "'... Better Roads, Inc. Name f Firm S'g a Type Name and Title biO. ItOr ) ~ NOV 1 9 2002 F'0. ~ OUOTE BETTER ROADS INC.~ P.O. BOX 9979 NAPLES, FLORIDA 341101 PHONE: (941) 597-2181 FAX: (941) 597-1597 PROJECT: PINE PJDGE ROA~ MEDIAN IMPROVEMENTS LOCATION: P!NE RIDGE (CAF~.'RIBEAN ROA'D TO ~S BLVD) NUMBER ~ lOI-t I o2-1 110-1-1 !20-6 327-70-I 321-2-1 3,Zl-72-14 520-1-I 0 525-70-t 575-I-1 700-40-1 700-46-12 700-48-1,~ 705-71 706-3 " 711-3 7114 711-7 711~33 711-34 71 7-11-35-81 7-11-.15-121 ?-1t-85-181 7-11-35-241 7-11-36-61 7-1t-35-121 CONDITIONS: 1 3 BID NO.: 09/20/02 3:49 PM PLAN I UNIT QUAN'I, i¥ t UNIT AMOUNT/ 1.00 Ls 1.00 LS 1,00 L$ 101,00 CY 7.127,00 SY S62,.00 SY 7,~89,.00 SY ='62.00 SY 4~8.00 L= 21,00 SY 119,00 SY 17.00 AS tOO AS 3.00 EA 47, OO EA 228.00 EA 7.00 14.00 EA 1,0o LS 2,.2,36.00 EA 103,00 EA 2,65,3.00 LF 479,00 LF 256.00 LF 30.00 LF 142,00 LF 2.321.00 LF 9g.o0 LF MO~IL!Z&~CN I MAINTENANCE OF TRAFFIC CLF-&~ING & GRUBBING EMBANKMENT MILL FSX]S']qNG A,,~PH, {1" AVG. DEP'TH) ASPH. CONC. BASE T",/PE $ (AEOn, 10" THICK) ASFH~L~C CCNC. Typ~_ S-Ill (1" THICK) ASPHAL~C CONC. Typm_ S-I (1 W2" THICK) CONCRETE CURB & g ~Lr~T~,~, T'YPE "f" BRICK PAVER (ROADWAY) SODDING SIGN (SINGLE POST) RE~-CCATE EXISTING SIGN (SINGLE POS ~--~ INSTALL SIGN ON EXISTING ~OST TUBULAR DELINE. ATOR (FLEXIBLE) REFLECTIVE PAV, EMENT MARKERS PAVEMENT MESSAGES, THERMOPLASTIC DIRECTIONAL A~OWS, THERMOPLASTIC F-~MOVE EXISTING PAV~vlENT MARKINGS TRAFFIC STRIPEi SK]JP 10~0, TH, EP~VJO. (6' WHITE) TP~FFIC STRIPEi SKIIP ~-10, THERMO, (6' YELLOW) TRAFFIC STRIPE~ SOLID, THE.RMO (6" WHITE) TRAFFIC STRtPEi SOLID, THERMO (8" WHITe) TRAFFIC STRIPEj SOLID, THEP~MO (12" WHITE) TRAFFIC STRIPEJ SOLID, THERMO (18" WHITE) TRAFFIC STRIPEj SOLID, THERMO (24" WHITE) TF-~FF[C STRIPEi SOLID. THERMO (6" YELLOW) TRAFFIC STRIPEi SOLID. THEPJVlO (18" YELLOW) NO PERMITS, FE[S.LAYOUT, BOND OR TESTING INCLUDED, IF BOND I$ REQUIRED ADD I%. SUBGRADE IS TO BE LEFT AT PLUS OR MINUS 2" CAPABLE OF BEING BALANCED PRIOR TO MOBILIZATION OF BETI~R ROADS INC. SUBGRADE PRICE I$ BASED ON THE EXISTING MATERIAL MEETING REQUlERD L~R. IF ADDITIVES AND MIXING ARE REQUIRED, ADD $1 .O0/SY TO UNIT PRICE. PRICES BASED dN ONE MOB]UZATION PER ITEM, ADDITIONAL MOBILIZATIONS WILL BE CHARGI~D AT $7S0.00 EA. IN ADDITION TO UNiT PPJCES. $13,000.00 $17,000.00 $17,000.00 $9,~0.00 $9,800.00 $47.00 $4,747.00 $1,40 $9.g77,30 $29.00 S1 S,~SS.C0 $8.90 $3,~77.S0 $~,O0 S1,~.00 $~00.00 ~.400.00 $40.00 $85,00 $255.00 ~45.00 ~.SO $1,02E,OO $10~.00 S735,00 SSO,O0 $700.00 $2,000.00 $2,000.00 $0.~ ~0,80 ~81.80 $1.00 ~7~.00 $1.75 ~8,00 ~,50 $497.00 $Z75 $128,317,75 Page 1 .t I NOV I 9 2002 0 r. z3 t,~ Z AGENDA IT.E.M No.~ NOV 1 g 2002 Pg. 4 RESOLI.!TI DN NO. 2002- A RESOLUTION AUTHORIZ3qG SPEED LIMIT REDUCTION FROM FORTY-FIVE M[L£S ?ER I']OUR (45 MPH) TO FORTY MILES PER HOUR (40 M?H~ C'N PINE RIDGE ROAD (CR 896) IN THE VICENITY OF NAPLE'; BOULEVARD INTERSEC'rlON, A TOTAL DISTANCE OF APPR 2tXIMA/ELY 1,322_+ FEET. WHEREAS, Chapter 316, Florida Stat~.tes, permits the Board of County Commissioners (BCC) to alter established speed limits on roads under la. urisdiction: and WHEREAS, Pine Ridge Road (CR 896) ."ails under the jurisdiction oftbe BCC; and WHEREAS, in accordance with Chapttl 316. Florida Statutes, the BCC may alter such existing speed limits as may be appropriate upon the bas!., of an engineering and traffic investigation; and WHEREAS, the results of such engineerir, g and traffic investigations determine that the reduced speed limit is reasonable and safer under the canditions found to exist and it conforms to criteria promulgated by the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA THAT: SECTION I: The BCC does hereby establish a fort.x-mite i,er hour (40 MPH) speed limit on Pine Ridge Road (CR 896) in the vicinity of Naples Boule', ~u¢ II~tersection. a total distance of approximately 1,322_+ feet, and does hereby direct the Collier C>antx Trar~spor~ation Operations Department to erect appropriate speed limit signs giving notice thereof. SECTION 2: A copy of this Resolution shall I:,e forwarded to the Collier County Sheriff's Office for proper enforcement of the established speed limit for Pi~ Ridge Road (CR 896) within the designated segment. SECTION 3: The effective date of the speed limit reduction shall be after written notification to the Sheriff's Office and upon posting of appropriate signag, e. This Resolution adopted after motion, ~.'ond. and majority vote favoring same this ~yof 2~2. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Approved as to form and legal sufficiency: JAMES N. COLETTA, Chairman Heidi F. Ashton Assistant Collier County Attorney 2002 RESOLUTION NO. 2002- A RESOLUTION AUTllORIZING SPEED LIMIT REDUCTION FROM FORTY-FIVE MILES PER HOUR (45 MPH) TO FORTY MILES PER HOUR (40 MPH) ON PINE RIDGE ROAD (CR 896) IN THE VICINITY OF NAPLES BOULEVARD INTERSECTION, A TOTAL DISTANCE OF APPROXIMATELY 1,322 FEET. WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners (BCC) to alter established speed limits on roads under its .jurisdiction; and WHEREAS, Pine Ridge Road (CR 896) falls under tile jurisdiction of tile BEC; and WHEREAS, in accordance with Chapter 316, Florida Statutes, the BCC may alter such existing speed limits as may be appropriate upon Ihe basis of an engineering and traffic investigation; and WHEREAS, the results of such engineering and traffic investigations determined that reducing the speed limit from 45 to 40 mph from approximately 905 feet west of the intersection of Pine Ridge Road and Naples Boulevard to approximately 417 feet east of that intersection is reasonable and safer than present conditions and it conforms to criteria promulgated by the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: .SECT/ON I: The BCC does hereby establish a forty-mile per hour (40 MPH) speed limit on Pine Ridge Road (CR 896) from approximately 905 feet west of the intersection of Pine Ridge Road and Naples Boulevard to approximately 417 feet east of that intersection for a total distance of approximately 1,322 feet, and does hereby direct the Collier County Transportation Operations Department to erect appropriate speed limit signs giving notice thereof. .SECTION 2: A copy of this Resolution shall be forwarded to the Collier County Sheriff's Office for proper enfomement of the established speed limit for Pine Ridge Road (CR 896) within the designated segment. .SECTION 3: The effective date of the speed limit reduction shall be after written notification to the Sheriff's Office and upon posting of appropriate signage. This Resolution adopted after motion, second, and majority vote favoring same this day of .2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: JAMES N. COLETTA, Chairman Approved as to form and legtal/sufficiency: I Heidi F. Ashton Assistant Collier County Attorney EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENTS TO CARRY FORWARD FUNDS IN SEVERAL PROJECTS TO RE OPEN PURCHASE ORDERS IN FY 03 THAT WERE CLOSED BY MISTAKE IN FY02 IN THE AMOUNT OF $100,996.70. OBJECTIVE: To obtain BCC approval of budget amendment to carry forward funds to reopen purchase orders that were closed by mistake at the end of FY 02. CONSIDERATIONS: At the end of each fiscal year, a list of purchase orders is provided to the Purchasing Department and Finance Departments of purchase orders that need to be rolled into the next fiscal year. Because of the magnatude of the number of purchase orders that roll, occasionally a few purchase orders get closed by mistake. Below is a list of several purchase orders that were marked to roll into fiscal year 03, but were closed by mistake during the roll. D.N. Higgins (Forest Lakes Roadway & Drainage MSTU) Communications International (Radio Equipment) Lumec, Inc. (Light poles for Immokalee Triangle) McGee & Associates (Davis Blvd Phase I Irrigation) McGee & Associates (Davis Blvd Phase I Median Renovation) McGee & Associates (Davis Blvd Phase I Landscape Renovation) Total $ 43,954.00 PO-207092 $ 10,392.70 pOo205643 $ 37,885.00 PO-207452 $ 5,025.00 PO-207020 $ 1,870.00 PO-207294 $ 1,870.00 PO-207451 $100,996.70 Funds will need to be recognized as carry forward in each respective fund in order to reopen these purchase orders. MISCAL IMPACT: Budget amendments are needed in Funds (101) Transportation Services 10,392.70, (112) MSTD General Fund Projects $8,765, (155) Forest Lakes Roadway & Drainage STU $43,954, and (156) Immokalee Beautification MSTU $37,885 to recognize carry forward funds to re open each of these purchase orders. Total amount of funds to carry forward is $100,996.70. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the BCC approve/authorize the necessary budget amendments to carry forward funds to re open the above listed purcha~ orders in FY 2003 for Funds 101, 111,155, -and 156. PREPARED BY: ~L/9L/~66/~9~/~' DATE: ] { S~aron~Newman, Accounting Supervisor Trans,P0rtation Services REVIEWED BY: 7~/~~~ n $orm~ E. Feder, AiCP, Tr~spo~atio Adminis~t~E[ A N A NOV 19 2[1 2 VENDOR N~MBER: PURCHASE ORDER SEND INVOICES TO: BOARD OF COUNTY COMMISSIONERS ATTN: FINANCE DEPARTMENT P.O. BOX 413016 NAPLES, FLORIDA 34101-3016 PAGE ORIGINAL DA~ 09~-"i:.... / SHIP TO NUMBER: 000015 D N !iZGGIHS II'4'C ~ Tt~21$PORTAT!ON OPERATION~. 2S87 T,~i~,~H~ 't'~3~iI, EAST BOARD OF COUNTY COHM!S$1ONERS ~APLES. FL 2705 SO[~fH HORSESHOE DRIVE 3 ~ ! 12 NAP.LIS, FLORIDA TAX EXEMPTION (FL.) NO. 21-O7-019995-53C I TOTAL FOLLOW UP INFORMATION, COMMENTS, ETC. AC~N~)A I~J~U No. ti t':. r) . NOV,. 19 2002 PURCHASE ORDER SF. NO INV', S TO:.. ATTN: R~EPARTMENI' P.O. BO~( 41...q016 NAPLES, FLORIDA ~4.101-3016 TAX EXEmrnON (FL.) NO. zl4Tr-Ole~r~ac PE. ICE ~'392 '7,-0 FOLLOW UP INFORMATION, COMMENTS, ETC. VENDOR NuMBI~R: 2.80~ 50 B0~D 0F ~U~ C0MMI~IONERS ,~ ~ A~N: FINANCE DEPARTME~ ~ 0 9 / 2 3 / R0. BOX 413016 NAPLES, FLORIDA 34101-3016 ORZGZN~ DA~ 09/23/ sHip TO NUMaER: 0000 t 5 LUMEC, ZNC ITRANSPORTATION OPERATIONS DEPT 640 CURE-BIOVIN BOARD OF COUNTY COHHISSIONERS BROISBRIAND, QUEBEC, CN 2705 SOUTH HORSESHOE DRI%~ J7G2A7 NAPLES, FLORIDA 34104 1 156-15t723-762100-00000 '/ 1.00 EA 37885.0000 37S85.0 LIGItT ~OL~S FOR IHI4OI~LEE TRiA~TGLE BCC APPR 7l!'3.''n~ !6P~ 3~885.00 I TAX EXEMPTION (FL) NO. 21-07-O19995-53C I TOTAL FOLLOW UP INFORMATION, COMMENTS, ETC. NOV 1 _q DEPARTMENT COPY .. !BY_ ~,,,~?~****,..;,,~..* ..,,..**....:,,,-...~. ........ -~... PURCHASE ORDER ~.=; ......... . ....... ~ ....... ~.~. PAGE --~ ~~~~ . ,o~o~cou~co~,~o.~s' _ - ~ :;..: ~o' '~~-~'~~ A~N: FINANCE DEPAR~E~ . ' ' ~ · EO. BOX413016 ' · - · v: NAPLES, FLORIDA ~101-3016 ~NDOR NUMBER: 0[~[~0 SH~PTO NUMBER: OOO0~  MCGEE ~D ASSOCIATSS ~ TR.~SPORTATION OPE~TIONS DE~T A~N: MI~EL A. MCGEE ~ BOA~ OF ~UN~ CO~ISSlONERS PO BOX 8052 2705 SOU~ HORSESHO~ DRI~ ~PLES, FL NAPLES, FLORIDA 34101 3~104 ~305 RLJ :%'~;:~':~,:: i :~2 :,.: .~ ":. *~i~i~',~'' DESCRIPTION 111- 163646-621403-00000 1.00 ~ 5025.0000 502', TASK ~ DA%'IS BLVD P~S~ I IRRiGATiOH REHOVATION WCRK O~tD~R TLM-~-02=20 ATTACHED TAX EXEMI~ION (FL) NO. 21~)7~)122~53C TOTAL '-OLLOW UP INFORMATION, COMMENTS, ETC. '~°' ,NOV ~ q ~nn9 DEPAFI'rMENT COPY BY PURCHASING AGENT VENDOR NUMBER: P.O. BOX 413016 NAPLES, FLORIDA 34101-3016 ORIGINAL DATE sHIPTO NUMBER: 000015  MCGEE AND ASSOCIATES ATTN: MICHAEL A. MCGEE PO BOX 8052 NAPLES, FL 34101 63598 GB ? ~ .mo~."o. 't~~ ~>~ ~,,,~OU,.r.UM.,. ~1 1 ~ 1-1636,16-631403-00000 'L. 00 EA '[ TASK I DAVIS-PHASE I iRRIGATION RE-NOVA.TION MEDIA'N'~ ] F EAST FART OF 3,4,5,6 & WEST PART OF / WORK O£DER TLH-MA-O2-21 ~'~..~ ~ TAX I=Y?_MI~TION (FL,) NO. 21-07-019995-53C FOLLOW UP INFORMATION, COMMENTS, ETC. O9/16~ TRANSPORTATION OPERATIONS DEPT BOARD OF COUNTY COMMISSIONERS 2705 $OU~t HORSESHOE DRIVE NAPLES, FLORIDA 34104 TOTAL .870.00 AGENT ........ DEPAR1NVlE~ COPY__ - ~~~~ A~: FINANCE DEPAR~E~ ." .( '. :' RO. BOX 413016 v~ / · NAPES, FLORIDA ~101-3016 ~ ' ' ORIGIN~ DATE 09/: VENOO~ NUVeEn: 012140 SHOPKO NUMBE~: 000015 MCGEE AND ASSOCIATES ~1 TRANSPORTATION OPE~%TIONS DEFT A.""X~N: MICHAEL A.' MCGEE ~ BOARD OF COUNTY COMMISSIONERS PO BOX 8052 2705 SOUTH HORSESHOE DRILrB NAPLES, FL NAPLES, FLORIDA 34101 34104 63r,.~6 PJ~J ~.'~- ~/; / - ........... · ....... · ~,;~ ..... ~..,~,~:~,.~.. :?'TOTAL AM( 111-163646-~31403-00000 1.00 ~A 1870.0000 187 TASK I DAVIS BLVD ~SE i L~D:~CAPE ~NOVATION MED ~ EAST PART 3,4,5,6 & WEST PART OF 7 WOrK ORDER TLM-F~.-02-22 ~70.00 TAX EXEMPTION (FL.) NO. 21-07-019995-53C TOTAL FOllOW UP INFORMATION, COMMENTS, ETC. a/'~-=k]h A ITl:::: I~1 NOV 1 9 Zuuz Pg- 7 -' / PURCHASING AGENT EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO CANCEL THE MARCO ISLAND BREAKWATER MODIFICATIONS PROJECT AND RETURN TO THE TOURIST TAX RESERVES $699,500 ~ To obtain approval of a budget amendment which transfers the remaining funding of the Marco Island Breakwater Modifications project, to the Tourist Tax Reserves. CONSIDERATIONS,: Tayl~ Engineering (TE) was contracted to stud.y .coas~tal engineering data along Marco Island and into Caxambas Pass to make recommendations Ior managing these areas. The breakwaters were originally constructed to reduce the erosion on the south en~ of Marco Island. The breakwater modifications were proposed to further reduce the erosion and provide a wider beach at the very southern end of Marco Island. TE's report provided two options that both involve periodic beach re-nourishment by dredging Caxambas Pass: 1) no breakwater modifications with an estimated 75,000 cubic yards of dredging every five years or 2) breakwater modifications with minor beach re- nourishment by dredging depending on system performance. On September 17, 2002, the Marco Island Beach Advisory Committee unanimously recommended that this project be cancelled. Both the Coastal Advisory Committee on October 10, 2002 and the Tourist Development Council on October 21, 2002, unanimously recommended that this project be cancelled. FISCAL IMPACT: The Marco Island Segmented Breakwater Modifications project was originally approved at $705,100 and after paying Taylor Engineering, there is a new fiscal year FY03 budget of $699,500. The attached budget amendment transfers $699,500 into the Tourist Tax Reserves. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment transferring $699,500 from the Marco Island Breakv'ater Modifications project into the Tourist Tax Reserves. SUBMITTED BY: Ron Hovell, P.E., Coastal Projects Manager Date: ,/°//~'///~''~,, Roy/~. Anderson, P.E.,~ic Utilities Engineering Director APPROVE~M__~~aY: tE~mes W. DeLony, P.~.,'~)x~lic Utilities 'Adminisirato-'-~' ' NOV 'l q- 2002 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR THE INCREASE IN MEDICAID WAIVER REVENUE AND PROGRAM COSTS IN THE AMOUNT OF $16,930 OBJECTIVE: To recognize an increase in collected Medicaid Waiver revenue and related cost. CONSIDERATIONS: For the past 10 years, Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly through this state and federally funded program. This revenue is a result of direct billing to the State Medicaid Waiver program and reflects more clients being case managed than were originally projected during the FY 01/02 period. The program requires no local matching funds. GROWTH MANAGEMENT: There is no growth management impact from this reconunendation. FISCAL IMPACT: An increase of $16,930 in the Medicaid Waiver program for Services For Seniors is available for the period October 1, 2001 to September 30, 2002. Ali budgeted costs related to the additional revenue are reimbursed through requests for payment (claims) to the State of Florida Medicaid fiscal agent. This program requires no local cash matching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the ne~ amendm~o Prepared By:~ll,~Se ( Date: _/O/~/f//~Z~  ' rs Program Manager Reviewed and Date: Approved bY~l~arry' W ~liams, Social S~{rvices Director Reviewed and ~ ] /~ L ',~ Approved by: "~' [(~( r~ ~ / ~ k'3 Date: John ~Dunnuck~c4/Ser~ces Administrator Agenda 0¥ 1 9 2002 pg. I EXECUTIVE SUMMARY APPROVE A LEASE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR COLLIER BOULEVARD BOATING PARK OBJECTIVE: To convert the existing permit arrangement with the Florida Department of Transportation for the operation of Collier Boulevard Boating Park to a lease agreement, as is consistent with State policy and will allow for the generation of revenue and expansion of services at that facility. CONSIDERATIONS: Collier Boulevard Boating Park (commonly referred to as the 951 boat ramp) was constructed on State lands within the right-of-way of Collier Boulevard (State Road 951) through a permit with the Florida Department of Transportation. Three considerations have prompted Parks and Recreation to switch the County's arrangement with the Florida Department of Transportation from the current permit to a lease agreement. First, Florida Department of Transportation policy prefers leases to permits, and the FDOT is working to convert es:is:lng permit arrangements to lease agreements. Second, the Parks Department would like to charge a launch fee at the facility, as is consistent with the Board-apt'r~:~ved Parks and Recreation Department Facilities and Outdoor Areas License and Fcc Policy. To allow the department to do so, the State requires a lease, as is consiste*~l with their policy. Estimated revenue associated with charging a launch fee at the existing facility is $13,000 annually. Revenue can be projected to increase to $16,C,i0 per year upon completion of the expansion project described below. Third, due to continued population growth and privatization of waterfront access, this facility cannot accommodate demand, particularly with regard to parking. The Parks Department would like to expand the facility, for which conversion from permit to lease is also required by the State. Plans for expansion include the addition of trailer parking spaces in two phases, one to the ~ :)rth of the existing facility and one to the south. Early feasibility studies indicate that 4 parking spaces can be added in phase one and 28 in phase two, contingent upon environmental permitting. The State has approved the request for expansion and associated lease, the term of which is twenty-five years with an additional twenty-five-year renewal. Six hundred thousand dollars is budgeted for the expansion project in FY 03. Source of funds are Parks and Recreation Impact Fees (fund 346) and Boater Improvement Funds (fund 306). FISCAL IMPACT: Fiscal impact directly associated with the execution of this lease is a one-time one-dollar ($1.00) consideration to be paid out of Boater Improvement Funds (fund 306). 2002 GROWTH MANAGEMENT IMPACT: The additional lands will be inventoried in the Growth Management Plan. RECOMMENDATION: That the Board approve the attached lease agreement with Florida Department of Transportation and authorize the Chairman to sign. Prepared 'Amanda Oswald, ~Operations Coordinator Department of Parks and Recreation Reviewed and Approved by: M~trla tl~-m~ey', ISirect~, -/ Department of Parks and.~.~c_.[eation Reviewed and ~,~ Approved by: Jot~ .Dunnuck, Administrator Division of Public Se~ices [i.,-~ lt.-~ l N 0V 1 9 20OZ STATE OF FLORIDA DEPAI?MENT OF TRANSPORTATION LEASE AGREEMENT FORM 575-060-33 RIGHT OF WAY - 06/01 ~o~4 ITEM/SEGMENT NO.: 1993591 MANAGING DISTRICT: ONE FJ~.P. NO.: N/A STATE ROAD NO.: 951 COUNTY.: Collier PARCEL NO.: 500-Collier Co. Boat Ramp THIS AGREEMENT, made this day of , , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter called the Lessor), and Collier County Government, a political subdivision of the State of Flodda whose address is 3300 Santa Barara Blvd. Naples, FL. (hereinafter called the Lessee.) WITNESSETH: In consideration of One Dollar ($1.00) and other good and valuable considerations, the Parties agree as follows: 1. Property and Term. Lessor does hereby lease unto Lessee the lands described in Exhibit."A", for a term of Twenty-Five(25) years beginning 08/15/2002 and ending 08/14/2027 . This Agreement may be renewed for an additional 25 years term at Lessee's option, subject to the rent adjustment as provided in Paragraph 3 below. Lessee shall provide Lessor sixty (60) days advanced written notice of its exercise of the renewal option. If Lessee holds over and remains in possession of the land after the expiration of the term specified in this Lease, or any renewals of such term, Lessee's tenancy shall be considered a tenancy at sufferance, subject to the same terms and conditions as herein contained in this Lease. This Lease is subject to all utilities in place and to the maintenance thereof as well as any other covenants, easements, or restrictions of record. This lease shall be construed as a lease of only the interest, if any, of Lessor, and no warranty of title shall be deemed to be given herewith. 2. Use. The leased land shall be used solely for the purpose of boat ramp parking and related activities If the land is used for any other purpose, the Lessor shall have the option of immediately terminating this Agreement. Lessee shall not permit any use of the land in any manner that would obstruct or interfere with any transportation facilities. The Lessee will further use and occupy said premises in a careful and proper manne~ and not commit any waste thereon. Lessees will not cause, or allow to be caused, any nuisance or, bjectionable activity of any nature on the premises. Any activities in any way involving hazardous materials or substar :es of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations or as those terms are understood in common usage, are specifically prohibited. The Lessee will not use or occupy said premises for any unlawful purpose and will, at Lessee's sole cost and expense, conform to and obey any present or future ordinances and/or rules, regulations, requirements and orders of governmental authorities or agencies respecting the use and occupation of said premises. 3. Rent. Lessee shall pay to Lessor as rent, on or before the first day of each rent payment period, the sum of N/A plus tax, for each N/A of the term. If this Agreement is terminated prior to the end of any rent payment period, the unearned portion of any rent payment, less any other amounts that may be owed to Lessor, shall be refunded to Lessee. Lessee shall pay any and all state, county, city and local taxes that may be due during the term hereof, including any real property taxes. Rent payments shall be made payable to the Department of Transportation and shall be sent to NIA - , . N/A . The Lessor reserves the right to review and adjust the renta~m fee I~, ~lda~ty and at renewal to reflect market conditions. Any installment of rent not received within ten (10) daysl after the date, due ,, NOV 192002 i ~ pg. L 575-O60-33 RIGHT OF WAY Page 2 o~4 shall bear interest at the highest rate alloWed by law from the due date thereof. This provision shall not obligate Lessor to accept late rent payments or provide Lessee a grace Period. 4. Improvements. No structures or improvements of any kind shall be placed upon the land without prior approval in writing by the District Secretary for District One of Lessor. Any such structures or improvements shall be constructed in a good and workmanlike manner at Lessee's sole cost and expense. Subject to any landlords lien, any structures or Jmprovernents constructed by Lessee shall be removed by the Lessee, at Lessee's sole cost and expense, by midnight on the day of termination of this Agreement and the land restored es nearly as pre.cai to its condition et the time this agreement is executed. Portable or temporary advertising signs are'prohibited. Lessee shall perform, at the sole expert:se of Lessee, all work required in the preparation of the property or premises hereby leased for occupancy by Lessee, in the absence 'of any ~pecial provision herein contained to the contrary;, and Lessee does hereby accept the leased property or premises as now being in flt~nd tenantable condition for all purposes of Lessee. Lessor resewes the right to inspect the leased area and to require whatever adjustment to structures or improvements as Lessor, in its sole discretion, deems necessary. Any adjustments shall be done et Lessee's sole costs and expense. 5. Maintenance. Lessee s~all keep and maintain the land and any building or other structure, now or herealter erected thereon, in good and safe ccndition and repair at Lessee's own expense during the existence of this lease, and shall keep the sams free and clear of any and all grass, weeds, brush and debris of any kind, so as to prevent the same becoming dangerous, inflammable objectionable. Lessor shall have no duty to inspect or maintain any of the land, buildings or other structures, if any, during the term o' this Lease; however, Lessor shall have the right, upon twenty-four (24) hours notice to Lessee, to enter the proPerty for purposes o inspection, including conducting an environmental assessmsnL Such assessment may include but would not be limited to: surveying, sampling of building materials, soil and groundwater, monitorin.c well installations; soil excavation; groundwater remediation; emergency asbestos abatement; operation and maintenance inspections and, any other actions which might be reasonable and necessary. Lessor's right of entry shall not obligate inspection of the proper by Lessor, nor shall Jt relieve the Lessee of its duty to maintain the property. In the event of emergency due to a release or suspecte~ release of hazardous waste on the premises, Lessor shall have the right of immsdlate inspection, and the right, but no the obi to engage in remedial action, without noticel 6. Indemnification, Lessee shall inderhnify, defend, save and hold Lessor, its agents and employees, harmless of and from an losses, fines, penalties, costs, damage, claims, demands, suits and liabilities of any nature, including attorneys fees, (inc udinl regulatory and appellate fees), arising out of, because of, or due to any accidents, happening or occurrence on the leased land c arising in any manner on account of the exercise or attempted exercise of Lessee's rights hereunder whether the same regard person or property of any nature whatsoever, regardless of the apportionment of negligence, unless due to the sole negligence Lessor. Lessee's obligation to indemnify, defend, and pay for the defense or et the Department's option, to participate and associate wit the Department in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the Departmsnt notice of claim for indemnification to Lessee. Lessee's inability to evaluate liability or its evaluation of liability shall not excus Lessse's duty to defend and indemnify within seven days alter auch notice by the Department b gk, en by registered msJl. Only adjudication or judgement alter the highest appeal is exhausted sPecifically find the Depart rant solely negligent shall excu.~ performance of this provision by Lessee. Lessee shall pay ell costs and fees related to this oh igaflon and its enforcement by Depadment- Depad~ner~s failure to notify Lessee cfa claim shall not release Lessee of the above duty to defend. 7. Insurance. Lessee at its exPense, shall maintain et ell time during the term of this Lease, public liability insurance pmtectir Lessor and Lessee against any and all claims for injury and damage to persons or property or for the loss of life or property occurri~ in, on or about the land arising out of the act, negligence, omission, nonfeasance or malfeasance of Lessee, its employees, agent contractors, customers, licensees, end invitees. Such Insurance shall be carried in a minimum amount of not less than one hundred thousand ($ 100,000.00 ) for bodily Injury or death to any one Person or any number of persons in any one occurrence and not less than two hundred thousand($ 200.000.00) for property damage. All such policies shall be issued by companies of recognized responsibility licensed to do business in the St~ of Florida and all such poi'miss shall contain a provision whereby the same cannot be canceled or modified inless Lessor is given lease sixty (60) days prior written notice of such cancellalJon or modification. Lessee shall provide Lessor, .=~flc~l~. insurance to be in place end showing Lessor as additional name insured undarthe policies. N0 N 5'75-oeo-33 RIGHT OF WAY 0~01 P.~3o~4 Lessor may r~quire the amount of any pul~lic liability insumn~ to be maintained by Lessee be incr~sed so that the amount thereof adequately protects Lessor's interest. Lessee further agrees that it shall during the full term of this Lease and at its own expense keep the land and any improvements on the lan,d fully insured against loss or damage by fire and other casualty. Lessee also agree.s that ~ shall during the full term of this Lease and at its own expense keep its contents and personal property located on the land fully msureo against loss or damage by fire or other casualty and does hereby release end waive on behalf of itself and its insurer, by subrogation or otherwise, all claims against Lessor arising out of any fire or other casualty whether or not such fire or other casualty shall have resulted in whole or in part from the negligence of the Lessor. 8. ~])b~J:l/J~_~aJ~. Lessee acknowledges and agrees that its relationship with Lessor under this Lease is one of Landlord and Tenant and no other relationship either eXPressed or Implied shall be deemed to apply to the parties under this Lease. Termination of this Lease for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation for any interest suffered or lost as a result of termination of this Lease, Including but not limited to (I) any residual interest in the Lease, or (ii) any other facts or circumstances arising out of or in connection with this Lease. Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort, including but not limited to special damages, severance damages, removal costs or loss of business profits resulting from its loss of occupancy of the leased property specified in the Agreement, or adjacent properties owned or leased by when any or all such properties are taken by eminent domain proceedings or sold under the threat thereof. This waiver and relinquishment applies whether (I) this Lease is still in existence on the date of taking or sale; or (ii) has been terminated prior thereto. .~. 9. Miscellaneous. a. This Agreement may be terminated by Lessor immediately, without prior notice, upon default by Lessee hereunder, and may be terminated by either party upon sixty ( 60 ) days prior written notice to the other party. b. In the case of litigation arising out of the enforcement of any terms, covenants or provisions of this Lease, the prevailing party shall be entitled to recover its reasonable attomeys' fees from the non-prevailing party. c. Lessee acknowledges that it has reviewed this Lease, is familiar with its terms and has had adequate opportunity to review this Lease with legal counsel of I:essee's choosing. Lessee has entered into this Lease freely and voluntarily. This Lease contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and agreements, oral or written, heretofore made between the parties and/or between Lessee and the previous owner of the leased property and landlord of Lessee are me.rged in this Lease, which alone, fully end completely expresses the agreement between Lessee and Lessor with respect to the subject matter hereof. No modification, waiver or amendment of this Lease or any of its conditions or provisions shall be binding upon Lessor or Lessee unless in writing and signed by both such parties. d. Lessee shall not sublet the lease property or any part thereof, nor assign this Lease, without the prior consent in writing of the Lessor, this Lease being executed by Lessor upon the credit and reputation of Lessee. Acceptance by Lessor of rental from a third party shall not be considered es an assign .. ~ment or sublease. e. Lessee shall be solely responsibl~ for all bills for electricity, lighting, power, gas, water, telephone and telegraph eervioes, or any other utility or service used, on the land. · f. This Agreement shall be g°Veme .by the laws of the State of Flodda, and any applicable lewa of the Unite States of America. g. All noticesto Lessor shall be sent ~o the address for rent payments and all notices to Lessee shall be sent to: Florida Department of Transportation, Property Management Section at P.O. Box 1249, Bartow: FI 33831 Agenda NOV 1 Pg. RIGHT (g: WA'~ 0~01 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. LESSOR District Counsel / Print Name STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By. District~ecretary Ricky A. Langley Print Name ~-/~- o ~ ~e'cut~Secretary ~- LESSEE By: Pdnt Name T-~le: Attest: (SEA, Title: Ap r', orm ~ legal sufficiency / NOV 1 9 2002 Description: ortion of the Right of Woy of Store Rood 951 (Collier Boulevord) occording to the ~,,ght of Woy Mop thereof (section 03030-2511) end being o portion of Section 35, Township 51 South, Ronge 26 Eost, Collier County, Florido, being more porticulorly described os follows: Commence et the intersection of the North troct boundory of Development Troct-A, of the Collier-Reed Troct Mop, occording to the plot thereof, os recorded in Plot Book 8, Poges 46 end 47 of the Public Records of Collier County, Florido, sold porcel being' Iocoted in the Collier-Reed Troct Mop end the existing Westerly Right of Woy Line of Stote Rood 951, (Collier Boulevord) sold intersection being shown on oforesold plot os Point Number 5; thence South 02'27'28" West, olong said Westerly Right of Woy Line, for e distonce of 268.09 feet; thence North 87'32'32" West, for a dlstonce of 40.00 feet o point on o circulor curve, concave Westerly, whose rodius point beers North 87'32'32' West, e distonce of 3,887.79 feet therefrom; thence run Southerly, olong the arc of sold curve to the right, hoving o radius of 3,887.79 feet, through o control angle of 10'47'43', subtended by o chord of 731.42 feet et e bearing of South 07'51'20" West, for on arc length of 732.51 feet to the end of sold curve; thence South 76'44'49" East, for e distance of 155.11 feet, to the POINT OF BEGINNING of the herein described parcel; thence South 75'53'18" Rest, for e distance of 46.89 feet, to o point of Intersectlon with the eosterly Right of Way line of Store Rood 951 (Collier Boulevord) on4d, o point on o circulor curve, concave Westerly, whose radlus point beers North 76'44'1 West, e dist(3nce of 4,087.79 feet therefrom; thence run Southerly, along sold eosterly Right of Woy line end the otc of sold curve to the right, h(3ving o radius of 4,087.79 feet, through e control ongle of 07'17'34", subtended by o chord of 519.95 feet (3t e be(3ring of South 16'54'33" West, for en otc length of 520.30 feet to the end of sold curve; thence South 20'33'20" West, clong sold e(3sterly Right of W(3y line, for a distance of 1,238.28 feet; thence North 69'09'27" West, for (3 distonce of 63.38 feet; thence North 18'00'03" E~st, for e distance of 156.03 feet; thence North 19'30'28" Eost, for e distonce of 300.16 feet; thence North 20'32'53" Rest, for o ~ tance of 576.58 feet; thence North 20'38'09" East, for o distonce of 591.15 feet; ~nce North 26'01'37" Rest, for o distance of 37,61 feet; thence North 15'23'57" Eost, for o distonce of 91.00 feet, to the POINT OF BEGINNING; Containing 124,890.08 square feet or 2.87 ocres, more or'less. Notes: 1. This Is not a survey. 2. Basis of beoring is store plone coordin=tes, Florido Eost Zone. 3. Subject to eosements, reservotions =nd restrictions of record.· 4. Not volid without Sheet 1 of 2 depicting Sketch of Description ond: booting the originol signoture ond embossed se(31 of = Florida registered Sur..veyor ond Mopper. SKETCH AND DESCRIPTION ~,~~,WILKISON ,&:. '~~ ASSO C IATES .... INC. m ENGINEERS, SURVEYORS AND PLANNERS 3506 E. XCHANO£ ^v~ NAPLE.",, FLA. 34104 (941) 643--2404 FAX NO. (941) 643-5173 NO. I..B5770 FLORIDA BUSINESS UCENSE i I w.o..o. I OR^"" s .0 0p3/51/261 0145.1I RLE NAME I PO145SD.DWG I · DWO. NO. / 51-L-50-2 ~,~ "Agenda itea NOV ! 9 2002 Pg' F - POINT OF COMMENCEMENT: I I 0 100 200 SCALE: 1'=~00 OF BEGINNING: UNE TABLE UNE LENGTH BEARING L1 268.09 ~;02'27'28'W' L2 40.00 N87'32'32'W L3 153.11 ~7~'44'49'E L4 46.89 ~;75'53'18'£ L5 63.38 N69'O9'27'W L6 156.03 H18'OO'O3'E L7 ,300.16 N19'30'28'E L8 37.61 N25'O1'37'E L9 91.00 N15'23'57'E 300 CURVE TABLE CURVE I RADIUS DELTA IABC LENGTHICHORD BEARING CHORD Cl 1~.7.791 lO.47',~'1 73Z51 I S~7~1'20'w I 731.42 I c~ 14o8~.7~1 ~?'~' I s~o.~o I 818~'33'w I 5~.95 I bAVID J. Hy.~'rT. 'P:S:ld. (FOR THE FIRM) FLA. UC. NO. 58.34 ~-/7-~_ (D^T[ SIGNED) NOT VAUD WI'IHOUT THE SIGNAllJRE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION .~1~, WILKISON ~ ~ ASSOCIATES ~.~ ~mc. m ENGINEERS. SURVEYORS AND PLANNERS (941) 643--2404- FAX NO. (941) 643_-2~'1_~, FLORIDA BUSINESS UCENSE No. LB5770 As ,o o.133/ ,/261 I EAw .51-L-30-1 ~,/ Agenda,. T~t, em No._ /~,,C) '-'"~- NOV 1 9 2002 EXECUTIVE SUM MARY APPROVE A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT AGREEMENT FOR UP TO $120,000 FOR IMPROVEMENTS AT BAYVIEW PARK Obiective.,: To maintain the highest quality park facilities at the lowest possible cost by utilizing available grants programs. Considerations.: Collier County has been awarded a Florida Recreation Development Assistance Program grant for u~ to $120,000 for improvements to Bayview Park. The Florida Department of Environmental Protection is the awarding agency. The Parks and Recreation Department will match the grant with an equal amount. The project at l~ayview Park will include renovation of the existing rest rooms, pavilion, dock, ramp, and' seawall, and construction of a new dock and picnic shelters. Improved lighting, landscape, irrigation, signs, and benches will complete the project. Fiscal Iml~act: The grant is in the amount of $120,000 with a required match of equal value. We have preliminarily earmarked the budget in the Bayview Park improvements as a source of match in the amount of $75,000. The balance of the match will be from In-Kind Services and/or a transfer from Reserves. A budget amendment will be prepared when the bid for the improvements is awarded. Source of~nds for the $75,000 match is Boater Improvement Funds (Vessel Registration Fees). Growth Mana.qement Impact: Bayview Park is inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners approves the attached Florida Recreation Development Assistance Program grant. Submitted by: ~~,. ~/~ (~'"~ r ~'- ,~an~nda Oswald, Operations Coordinato Par~ and Kecr~ Department Reviewed by: ~ P~s a~reation Dep(t]'tment Approved by: L~_~ ~)~[h~__ ./v,/ Johr~Dunnuck, Administrator Divitdion of Public Services Date: Date: .o. N0V -i 9 2aa2 I F3604 DEP Contract Number CSFA Number: 37017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) Project Grant Agreement (FY 2002-03) - Development This Agreement is made and entered into this day of , 200 , by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and COLLIER COUNTY, hereinafter called the G?J~NTEE, a local government, in furtherance of an approved public outdoc:-recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D-5, ~art V, Florida Administrative Code, the parties hereto agree as fol!c~.~: This Project Agreement shall be performed in accordance with section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE effective August 23,2000, which is incorporated into this Project Agreement as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that lone of the provisions of sectio~ 163.01, Florida Statutes, sha_.l have application to this Project Agreement. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Bayview Park (Florida Recreation Development Assistance Program, FRDAP Project Number F03604), hereinafter called the PROJECT, and enters into this Project Agreement with the GRANTEE for the development of that Page 1 of 11 real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows good cause: Dock, picnic facilities, renovation of dock, boatramp, restroom/pavilion; security lights, landscaping and other related support facilities. o The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $120,000.00, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $120,000.00 50% GRANTEE Match $120,000.00 50% Type of Match Cash, In-Kind Services, Land Value The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT'S Contract Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A037, referenced in s. 62D-5.058(6)2(g), the DEPARTMENT will approve the request for payment. ¸6. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for Page 2 of 11 I allowable costs can be found in the State Comptroller's Voucher Processing Handbook at (<http://www.dbf.state.fl.us/aadir/mainindex.html). o The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE and incorporated into this Project Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP funds disbursed under the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. o Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. o It is understood by the parties that the amount of this Project Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this Project Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 10. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D-5.054(3,) of the RULE) incurred by GRANTEE prior to execution of this Pro2ect Agreement as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Project Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. Page 3 of 11 Agenda .Item NO.~ OV ! 9 2002 11. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(6) (f) of the RULE, to the DEPARTMENT. Upon determining that the documentation complies with the RULE, the DEPARTMENT will give written notice to GRANTEE to commence the development and approve the request for payment. 12. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of project construction and shall certify that it has done so to the DEPARTMENT by completing the Permitting Certification, FPS-A034, referenced in s. 62D-5.058(7) (c) of the RULE. 13. This Project Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before (hereinafter referred to as the PROJECT completion date). The GRANTEE may request up to two (2) one (1) year extensions from the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. PROJECT must be completed within 5 years, or money may revert. 14. Project completion means the project is open and available for use by the public. Project must be completed p::ior to release of final reimbursement. 15. The GRANTEE shall retain all records supporting PROJECT costs for five (5) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the five-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdicti n shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the five-year retention period. 16. In addition to the provisions contained in Paragraph 15 above, the GRANTEE shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit-l, must be provided to the GRANTEE with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall Page 4 of 11 NO¥ 1 9 2002 summarize the funding sources supporting the Project Agreement for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of Attachment 1, Exhibit-l, the GRANTEE shall notify the Department's FRDAP Grants Administrator at 850/488-7896 to request a copy of the updated information. 17. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S non- compliance with this Project Agreement, the GRANTEE will be allowed a maximum of~thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any r~mbursement due the DEPARTMENT. 18. The Grantee, as an independent contractor and not an agent, representative, or employee of the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance. The DEPARTMENT shall have no liability except as specifically provided in this Project Agreement. 19. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all emplcyees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not p~otected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 20. The purchase of non-expendable equipment is not authorized under the terms of this Agreement. Page 5 of 11 21. The DEPARTMENT'S Grant Manager for the purpose of this Project Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement request~ prior to payment. The GRANTEE's Grant Manager, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Project Agreement. The GRANTEE, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. Any and all notices shall be delivered to the parties at the following addresses: 22. Grantee's Grant Manager Ms. Amanda Oswald Operations Coordinator 3300 Santa Barbara Boulevard Naples, Florida, 34116 Department's Grant Manager Mary Ann Lee Dept. of Environmental Protection 3900 Commonwealth Blvd., MS 585 Tallahassee, Florida 32399-3000 Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 23. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 24. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material made or received by the GRANTEE in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 25. Prior to the closing of the PROJECT the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the material terms of this Project Agreement. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by Page 6 of 11 Agend, I~em No.~ % NO¥ 1 9 200Z the DEPARTMENT. Interest on any refund shall begin the date that the GRANTEE was informed that a refund was required until refund and interest is paid to the Department. 26. The GRANTEE shall comply with all federal, state and local rules, regulations and ordinances in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable buildin9 codes. The GRANTEE further agrees to ensure that the GRANTEE'S contract will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 27. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall De dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in Administrative Rule 62D-5.059(1). Land under control other than b~, ownership of the GRANTEE such as by lease, shall be dedicated a~= an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certifica~..~. All dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable =imes and shall be managed in a safe and attractive manner a??ropriate for public use. 28. Failure to comply ~:!L½ the provisions of the RULE or the terms and conditions of chis Project Agreement will result in cancellation of the Project Agreement by the DEPARTMENT. The DEPARTMENT shall ~ive the GRANTEE in violation of the RULE or this Project Agreement a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the ti~a period stated in the written notice shall result in cancellation of the Project Agreement and may result in the imposition of the terms in Paragraph 25. 29. In the event of conflict in the provisions of the RULE, the prOject Agreement and the Project Application, the provisions of the Rule shall control over this Project Agreement and this Project A~reement shall control over the Project Application documents. Page 7 of 11 30. If the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the DEPARTMENT shall cancel this Project Agreement. 31. The State of Florida's performance and obligation to pay under this Project Agreement is contingent upon an annual appropriation by the Florida Legislature. 32. This Project Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the legislative, judicial, or executive branch of local, state, or federal government. 33. ao B o No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. 34. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes. Page 8 of 11 N f) V ! g 2QOZ 35. The employment of unauthorized aliens by any GRANTEE is considered a violation of the Immigration and Nationality Act 8 USCA s.1324a(1) (A). If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Project Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations made to perform this Project Agreement. 36. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 37. The Project Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Project Agreement shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this Project Agreement shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Project Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 38. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Project Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 39. This Project Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. Page 9 of 11 40. This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the written approval of the DEPARTMENT. 41. This Project Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Project Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Project Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Division Director ~Ior Designee) Division of Recrea"~-ion and Parks COLLIER COUNTY By: Person Authorized to Sign Printed Name Title Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 Approved as to Form and Legality: This form has been pre-approved as to form and legality by Jerome I. Johnson, Assistant General Counsel, on July 26, 2002 for use for one year. Address: 3300 Santa Barbara Boulevard Naples, Florida 34116 G~ant~e ~torney DEP 42-058 Revised 04-05-2002 Page 11 of 11 SINGLE AUDIT ACT - SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXI-~IT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as rev;sed. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). o The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.gov/cfda. DEP 5.5-203 (02-03) .. REMAINDER OF PAGE INTENTIONALLY I.EFT BLANK(, - ' NO¥ 1 9 2002 PART Ih STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. " In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. o If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $30~)?)0 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance v:i~!~ the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-£tg'.: :n;!ty's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained fr:~m o:her than State entities). For information regarding the Fi.~rida Catalog of State Financial Assistance (CFSA), a recipient should access the Florida Single Audi: :'x:: website located at http://sun6.dms.state.fl.us/fsaa/catalo~,.htm or the Governor's Office of Policy ant: }~dget website located at http://www.eog.state.fl.usl for assistance. In addition to the above websites. ',hz following websites may be accessed for information: Legislature's Website http://www.leg.statc.5 :: . Governor's Website http:llwww.flgov.com/, Department of Ban'king and Finance's Websitc ~t:~://www.dbf. state.fl.usl, and the Auditor Generars Website http:/Iwww.state.fl.us/audge~ . PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specO%' any additional audit requirements #nposed by the State awarding entity that are solely a matter of that State awarding entity's policy (£e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to attdits conducted in accordance with &ction 15.97, Florida Statutes. In such an event, the State awarding agency must arrange for fitnding the full cost of suc, additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: DEP 55-203 (0~03) Mary Ann Lee Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 Bo Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320(0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Mary Ann Lee Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blah' Stone Road Tallahassee, Florida 32399-2400 Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Bo DEP~5-203 (02-03) Mary Ann Lee Florida Department of Environmental Protection Bureau of Design and Recreatio; Services 3900 Commonwealth Boulevan MS# 585 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison S~'eet Tallahassee, Florida 32399-1450 '.. 10V ! 9 200? P~ge 3 of 4 Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: Mary Alm Lee Florida Department of Environmental Protection Bureau of Design and Recreation Services 3900 Commonwealth Boulevard, MS# 585 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental. Proration Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Cixcular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 (specify appropriate number of years, should be at least five years) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Comptroller, or Auditor General upon request for a period of 3 (specify appropriate number ofyear~) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP SS-203 (02-03) .... LU EXECUTIVE SUMMARY AWARD WORK ORDER #PBS-02-06 IN THE AMOUNT OF $190,161 TO PROFESSIONAL BUILDING SYSTEMS FOR THE RENOVATION OF IMMOKALEE AIRPORT PARK Objective: To enhance recreational opportunities through redevelopment opportunities provided by State grant funds. Considerations: Airport Park in Immokalee is in need of refurbishment. The Parks Department has secured a Florida Recreation Development Assistance Program grant to fund fifty percent of the total project cost to improve the park. The project will include renovation of the band shell with new metal roof, electrical, flooring, and refurbishing of the structure; renovation of the barbeque pavilion with new metal roofing and refurbishment of the walls, ceiling and flooring; renovation of the rest rooms to include demolition of the interior fixtures and installation of new stainless steel fixture, new flooring, and new metal roofs; installation of new chain link fencing; reconditioning of the landscaping and picnic areas; upgrading the electrical main system with new underground cables and panel box; upgrading the plumbing system and water line to the rest rooms; and overlaying the parking lot with new crushed shell. Written quotations for this project were solicited of the five contractors on the County's General Contractors Service Contract. Three quotes were received on September 25, 2002. Staff has reviewed the quotes received and recommends awarding the bid to Professional Building Systems, Inc. as the lowest, qualified responsive general contractor that can meet the required time frame. (The project should be completed by December 31, 2004, as stipulated in the Grant Agreement.) The quotes received were as follows: Professional Building Systems Varian Construction Chris-Tel Construction $190,161 $213,921 $201,348 Fiscal Impact,: A budget amendment is required to recognize the grant proceeds of $130,328 and the requirer' match of $130,328. The match is currently budgeted in the Parks Improvements CIP Fund (306~ Growth Management Impact: The value of the improved facilities will be inventoried in the Growth Management Plan. Recommendation: That the Board of Collier County Commissioners approve the attached Work Order #PBS-02-06, authorized the Chairman to sign and approve the necessary budget amendment. Submitted by: Date: Amanda O. Townsend, Operations Coo~6Tdinator Reviewed by: Park?nd Recreation, Department /l~fai'ia O. Ramsey, DiQ_cto~t Parks and Recreation Dec~ment Reviewed by: ~-~-'~'~.,4 ~/~, ~ ~/ Date: .I Steve ~amell, Director ' TM ~r~hasing Departmen~ J~hn Dunnuck. Administrator 12~ivision of 13~blic Services Approved by: Date:/~/~9/P_~ / / Date: WORK ORDER # PBS - 02-06 "General Contractor's Services" RFP # 02 - 3349, Dated June, 2002 This Work Order is for General Contracting Services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: Immokalee Airport Park: The Restoration of two (2) Restroom building, Band shell and Cookout structure. The upgrading of the electrical and water services. The repair of parking lot, fencing and site work as specified in the proposal dated September 25, 2002 from Professional Building Systems, General Contractors, which is attached hereto and made part of this Work Order in accordance with Terms and Conditions of the Agreement referenced above. Work Order # PBS- 02- 06 is assigned to Professional Building Systems, General Contractors. Scope: The Contractor to supply all labor and material for the repair of the various buildings, site work and parking lot. The work includes restroom restoration with new fixtures, roof replacement with new metal, electrical upgrading with new under ground conduits, fence replacement at the west and north elevations, re-grading of existing parking lot and adding new compacted shell surface and general site work as shown on Contract Drawings and General Notes. Provide all required temporary fencing to protect the public. Schedule of Work: Complete within 90 calendar days from date of issued Permit and Notice to Proceed. Compensation: In accordance with Item3 of the Agreement, the County will compensate the Firm in accordance with the lump amount provided in the schedule b TASK l(Base Bid) $159,398.00 Site (Alt. 1) $ 7,129.00 Site (Alt. 2) $ 5,445.00 Site (Alt. 3) $ 1,175.00 Electrical (Alt. 1) $ 10,065.00 Plumbing (Alt. 1) $ 6,949.00 TOTAL $190,161.00 Any change made subsequent to final department approval will be considered an additional service and charged to an executed Change Order as enumerated in Exhibit D of the Agreement. PREPARED BY: /~~~ ~n~onio Ruberto, Project Manager Parks-and Rec4-eati oja"D-~part?en t 1V~a~lk Ramsey, Direct_~"~ / Parks and Recreation De'l~.~__..~ent --Date / ~ate ATTEST: Dwight E. Brock, Clerk By:, Date: Deputy Clerk Approved at to fmTn ciency Robert 2ac h, xt"y / Assistant County Attorney ATTEST: ( Corporation Secretary) By:. BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, Chairman ~dent Type/Print Name and Title Affix the" (Corporate Seal)}" OR Type/Print "( Corporate Seal)" Typed Name and Title ( or ) witnesses _ (2) ~d2.%i gnature (Print Name) { ' Agenda Item. No NOV ! 9.2002 EXECUTIVE SUMMARY AUTHORIZE TEMPORARY CLOSURE OF 11th STREET FOR SAFE ACCESS INTO THE FARM CITY BARBEQUE. IN IMMOKALEE OBJECTIVE: To provide safe access to a community event sponsored by the Extension Services Department. CONSIDERATION: The Extension Services Department along with the farming community annually sponsors the Farm City Barbeque to give thanks to the community for its support of the agriculture industry and to raise funds for 4-H. Each year the event alternates between the Immokalee and greater Naples community and it is held on the day before Thanksgiving. This year's event will be held at the Immokalee Pioneer Museum at Robert's Ranch. Recently the 11th Street, the road accessing the ranch, was expanded to connect to Robert's Avenue to SR. 29. Recognizing that usually over a thousand people attend the event, staff is recommending that the road be temporary closed to thru traffic between the hours of 10:00 AM - 3:00 PM on November 27, 2002, similar to what would be done for a parade. This will allow volunteers to properly park visitors at the site while reducing safety risks. This road is a two-lane road and should not cause significant inconvenience to the residents of Immokalee. GROWTH MANGEMENT: There is no impact to the growth management plan associated with this request. FISCAL IMPACT: The Transportation Division could not identify any permit costs as part of this request; however, should any be discovered prior to the event, staff would request blanket approval to waive permit fees recognizing this is a County event and it is for health, safety, and welfare reasons. RECOMMENDATION: That the Board authorize the temporary closing of the road and waive any pen~ pREPARED BY:_ fees that may be associated with this closing. John Dunnuck, Pul~iic Ser~'ices Administrator No._/Ce L~ ~ NOV 1 200?. ' EXECUTIVE SUMMARY AWARD 'CONTRACTS # 02-3371 "FIXED TERM PROFESSIONAL TRANSPORTATION PLANNING CONSULTING SERVICES" (ESTIMATED ANNUAL AMOUNT $275,000) OBJECTIVE: To receive the Boards' approval for award of professional services contracts to five firms in order to provide professional transportation planning consulting services for multiple projects without issuing individual Requests for Proposal. CONSIDERATIONS: On July 30, 2002, the Board approved Agenda Item No. (16) (B) (3) authorizing staff to begin contract negotiations with the five top ranked firms for professional transportation planning consulting services for Collier County. Contract negotiations have been successfully completed by staff. All five firms have agreed to a standardized fee schedule for their services, which staff believes will provide the opportunity for an equitable and fair distribution of work. Following is a list of the firms (in no particular order): 1. CH2M Hill 2. TBE Group 3. Kimley Horn and Associates 4. David Plummer & Associates 5. PBS & J FISCAL IMPACT: The funding for each work order that is assigned under the approved contracts will come from each user Department. GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management impact, they are consistent with the County's long-tern growth plans· RECOMMENDATION: That the Board of County Commissioners (1) award professional services agreement to the five firms and (2) authorize the Chairman of the Board to sign the standard, County Attorney approved agreements. SUBMITTED BY' .~4.~, ~~ Date: ~~'-- · I~e~sey V~I, Senior Purchasing & . C~tre, c[~--~Agent, Purch~.asin'~ Department REVIEWEDBY' _d-~. ?--~-.~~~ Date: /~'/~! · Ste~e ~arnell,~ector ~ Purch~~e~ic~ Depa~ment APPROVED BY: ~/~ Date: /~~ Jo-Anne Varcoe-Leamer, Administrative Sewices Division Admin~ator APPROVED BY: ~~~~ Da te: ] 2~/~ Manag EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. ONE, WORK ORDER BSSW-02-01, IN THE AMOUNT OF $10,275.00, WITH BARANY, SCHMITT, SUMMERS, WEAVER AND PARTNERS, INC. FOR DESIGN SERVICES FOR CONSTRUCTION OF EMS # 19. OBJECTIVE: To increase the scope of work under Work Order BSSW-02-01, Change Order gl, with Barany, Schmitt, Summers, Weavers and Partners, Inc. to obtain a Conditional Use Permit for EMS Station No. 19. CONSIDERATIONS: On March 26 2002, the Board approved (Agenda Item 16-E-9) Work Order No. BSSW-02-01, issued to Barany, Schmitt, Summers, Weaver & Partners Inc., in the amount of $89,630.00 for design services for EMS Station # 19, to be located on Santa Barbara Boulevard. At the Pre-Application meeting with Collier County planning staff, it was discovered that the property was currently zoned PUD requiring a Conditional Use approval for the construction of EMS-19. Barany Schmitt Summers Weaver & Partners submitted a fee of $10,275.00 to perform the additional services required for obtaining the Conditional Use permit. FISCAL IMPACT: The fiscal impact of Change Order No. 1 is $10,275.00 and is available within Fund 350, EMS Impact Fee fund. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve and authorize the Facilities Management Director to execute Change Order No. 1 to Work Order BSSW -02-01 with Barany, Schmitt, Summers, Weaver & Partners, Inc. Prepared By: /,~ ~"~'~"~ Date: /~ck Crognale, Principal Project Manager Facilities Management / /Department of Reviewed By: ~;kip Camp, CFM, Director Department of Facilities Management Reviewed By: Jeff Pa~, ~ctor Department of Emergency Medical Date: Services Approved By: Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division Date: N 0 V / 2002 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND RATIFY A SETTI.EMENT AGREEMENT RESOLVING THE LAWSUIT STYLED COI.I.IER COUNTY VS. CHESLEY McDONALD, CASE NO. 02-1520-CC, COUNTY COURT, TWENTIETH JUDICAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA. O_Q_B.J. ECTIVE: For the Board ota~County Commissioners ("Board") to approve and ratify a Settlement Agreement resolving the' lawsuit styled Collier County vs. Chestey McDonald, Case No. 02-1520-CC. CONSIDERATIONS: On September 12, 2002 the County commenced a lawsuit against Chesley McDonald, a resident of Missouri, alleging damages in the amount of $7,434.50. These damages occurred on or about April 4, 2002 when Mr. McDonald negligently operated and/or maintained a 65 foot excursion vessel named the Caribbean Queen, causing it to break apart and sink in the Gulf of Mexico near the shore of Collier County. Shortly after the event, a substantial amount of debris that had once comprised the vessel was deposited along Vanderbilt Beach posing environmental, navigational and public safety hazards, and necessitating their removal. When Mr. McDonald failed and/or declined to have the debris removed, the County did so at its expense. To settle all remaining claims and avoid litigation, Mr. McDonald l',as now agreed to pay the County $7,465.25, which includes filing and summons fees incurred by the County. The County has already received a check from Mr. McDonald in the amount of $4,000.00, which is being held in the Finance Department pending the Board's approval and ratification of this settlement agreement. In view of the attorney and staff time required to prepare for trial, the potential costs of exhibits for trial and costs of trial, and the risk of no recovery with the possibility of an attorney's fee and cost award against the County, the Risk Management Depa~men~ and Office of the County Attorney believes this settlement proposal to be reasonable. FISCAL IMPACT: By accepting the settlement, the County will recover all of its costs resulting from Mr. McDonald's mishap: Total costs incurred - $7,465.25 Total recovery - $7,465.25 By rejecting the settlement, the County could incur additional unrecoverable costs in form of exhibit development as well as attorney and staff time required to prepare for trial. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION:. The Risk Management staff and Office of the County Attorney recommend that the Board approve and ratify the Settlement Agreement proposed by Risk Management pursuant to which the County will receive $7,465.25 in full settlement of any remaining claims against McDonald in the lawsuit and that the Board authorize the Chairman to execute the necessary settlement document, a copy of which is attached to this Executive Summary. ,J0el Hollocher ' Risk Analyst Revmw D BY: ~illiam E. ~o~ntfo Assistant County Attorney Date: Date: REVIEWED BY: APPROVED BY: je~rrey A/Walker, Director Risk Management Department JoAnne Varcoe-Leamer Administrator Administrative Services Division Date: /? ~g' ~ ~ 2_ Date: COLLAR COUNTY ADMINISTRATIVE SERVICES DMSION Risk Management Department Employee Services Center · 3301 E. Tamiami Trail · Naples, Florida 34112 · (239) 774-8461 · FAX (239) 774-8048 October 16, 2002 Mr. Michael Englert Attorney at Law 209 West Lexington Avenue Independence, Missouri 64050 RE: Mr. Chesley McDonald Boat Incident on 4/4/02 Our Claim Number: SE/02/04 Dear Mr. Englert: This letter will serve as confirmation of our telephone conversation this date. As I stated at that time, Collier County is still willing to work with your client to avoid the pending legal action, however, due to the delay on the part of Mr. McDonald, we are no longer in a position to accept less than the full amount of our expenses to date. Since we last spoke, we have incurred an additional $30.75 in filing and summons costs, bringing our total expenditures in connection with this matter to seven thousand four hundred sixty five dollars and twenty five cents ($7,465.25). So that we can establish a date certain to bring this issue to closure, we have developed a payment schedule detailing the dates by which each payment in the form of a cashiers check shall be due, and their amounts. The schedule is as follows: October 31, 2002 November 15, 2002 December 15, 2002 January 15, 2003 February 15, 2003 March 15, 2003 April 15, 2003 May 15, 2003 $4,000.00 Initial payment. $500.00 $3OO.O0 $300.00 $300.00 $300.00 $300.00 $1,465.25 If Mr. McDonald wishes to accept to our offer, please have him sign this document where indicated,cand returnt it;;~,,along with his initial payment ~y the date indicated abOve.!l Nn°'~O^GE ~.~V 1 9x~M2002-' Ail checks should be made payable to: COLI.~.R COUNTY BOARD OF COUNTY COMMISSION~r_,RS, and mailed to: COLLIER COUNTY GOVERNMENT ATTN: J'OEL HOLLOCHER 3301 TAMIAMI TRAIL (BLDG. "D") NAPLES, FLOR[DA 34112 Sincere[y, Joel Hollocher Risk Analyst By affixing my signature to this document, I am agreeing to the payment terms outlined above. Additionally, I understand that my failure to satisfy this obligation will result in Collier CounW havine the option to exexcise all. available legal r,~cnedies. ~Si-gnature) / ' 200£ EXECUTIVE SUMMARY APPROVAL OF A CONTRACT BETWEEN COLLIER COUNTY AND COMMUNITY HEALTH PARTNERS, INC. FOR MANAGED CARE SERVICES FOR THE COUNTY'S GROUP HEALTH AND WORKERS' COMPENSATION PROGRAM. OBJECTIVE: To provide discounted fees, managed care, utilization review, and large case management services to the County's Group Health and Workers' Compensation Programs. C,.,,.,~,,,-,,-=~A-r~n~u. I,, 1999 the Boa~! entered into a contract with Community Health Partners for group health managed care fees and services. The purpose of th~s contrac is to provide negotiated fees for medical services to covered employees under the County's Group Health Program. Come, unity Health Partners is a local provider network, which contracts with over 400 local physici,:-~ins and other healthcare providers in the Collier County area. In 2001, Collier County, it's consultant Willis Corporation and the five largest employers in Collier County (known as the Collier County Healthcare Consortium, a.k.a "CCHCC") began discussions with Community Health Partners to restructure existing medical fees to make them commensurate with the Medicare allowable fee structure. This project was successful and fees were reduced from 155% of Medicare allowable fees to 115% of Medicare allowable fees. Throughout 2002, CCHCC has continued to work with Community Health Partners in several areas including the creation of outcomes based procedures for the groups' top 5 diagnosis; the standardization of prescription drug services and formulary; the creation of a local utilization review program within CHP; incentives to utilize the WorkCare Workers' Compensation managed care program through a reduction in hospital fees; the creation of a standardized service fee structure; and an incentive program for the physician group to deliver cost effective services. It must be noted that many of these services are not provided by other vendors in another form in Collier County and no other vendor provides a similar package of services. In August 2002, CHP delivered a final contract to the CCHCC members which contained each . ofthe elements discussed above. Staff, in c~ nsultation with Willis Corporation, reviewed the · '.prOposed fees for service and made the follc ring comparison. Service Current Fee Proposed Fee Difference PPO Access Fee Utilization Review Fee Large Case Management Workers' Compensation $55,080 $59,976 $4,896 $61,200 (CBSA) $82,987 $21,787 $146,300 (CBSA) Included ($146,300) Managed Care Fee $24,000 Savings from Hospital DRG Reduction Total Savings $69,768 $45,768 ($25,000)est. ($98,849~ 2002 Should the Board approve this contract, the County will realize a reduction in the DRG cost for hospital services of $500 per stay. Thus, it is estimated that the County will enjoy reduced hospital costs of approximately $25,000 per year. While certain of the fees are higher when compared to the current rates paid, the overall package of services results in program of savings of $98,849. In addition, the use of CHP for Large Case Management and Workers' Compensation Case Management will result in significant efficiencies in terms of the delivery of care, access to providers, communication, and return to work issues. Finally, the program will enable the County and the other members of CCHCC to compile more accurate cost data when negotiating with the physician/hospital group. It should be noted that 4 of the 5 members of CCHCC have agreed to purchase this set of services. The term of the contract is from January 1,2003 through December 31,2006. The contract automatically renews annually thereafter unless notification of the intent to non-renew is given by either party 90 days prior to renewal. The contract has been reviewed as to legal sufficiency. FISCAL IMPACT: Funds are budgeted within Fund 517, Group Health and Life, and Fund 518, Workers' Compensation specifically for these services. Estimated total cost for the purchase of these services is $212,731. GROWTH MANAGEMENT IMPACT: There is no growth management impact related to this item. RECOMMENDATION: It is recommended that the Board approve a contract between Collier County and Community Health Partners, Inc. for Group Health and Workers' Compensation managed care, utilization review, and large case management services and fees, authorizing the Chairman to execute the contract(s) for service. SUBMITTED B Y :.~(~.,,~'';'''------ .,~J~ff Walker, CPCU, ARM Director, Risk Management REVIEWED BY: ~',/J Data:_ Jo-Anne ~Jar~'oe-Leamer, Support Services Administrator Date: NAPLES PHYSICIAN HOSPITAL ORGANIZATION, INC. MANAGED CARE SERVICE AGREEMENT This MANAGED CARE SERVICE AGREEMENT (the "Agreement") effective as of the __ day of ,2002, (the "Effective Date"), is entered into by and between Naples Physician Hospital Organization, Inc. d/b/a Community Health Partners ("CHP") and Board of County Commissioners Collier County, Florida, ("Payor"). WITNESSETH: WHEREAS, Community Health Partners has as its pr/mary objective arranging for the delivery or provision of certain Managed Care Services and Utilization Review Services through a cost effective, coordinated, and integrated health care delivery system. WHEREAS, Board of County Commissioners Collier County, Florida has adopted a self-insured employee benefit plan for the provision of Health Care Benefits, Managed Care Program and Utilization Review Program to Plan Members; WItEREAS, Board of County Commissioners Collier County, Florida a self-insured employer, is ultimately responsible for payment of Health Care Benefits, Managed Care Program and Utilization Review Program in accordance with the terms and conditions of this Agreement; and WHEREAS, Board of County Commissioners Collier County, Florida desires to increase control over the cost of providing Health Care Benefits to Plan Members and enters into this Managed Care Agreement to arrange for CHP, through CHP Providers, to render Managed Care Program(s) to Plan Members in conjunction with Board of County Commissioners Collier County, Florida's various Benefit Programs. NOW, THEREFORE, for and in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: ARTICLE I DEFINITIONS For purposes of this Agreement, the following terms shall have the meaning ascribed thereto: 1.1 Agreement. This Managed Care Agreement. 1.2 Benefit Program. Board of County Commissioners Collier County, Florida's self insured employee benefit plans covered under this Agreement as listed on Schedule 1.2, as amended from time to time. 1.3 Medical Emergency. The sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity which, if not immediately diagnosed and treated, could reasonably be expected to result in serious physical impairment to a bodily function, or serious and permanent dysfunction of any body, organ or body part, or to cause other serious medical consequences which include placing a Plan Member's health in permanent jeopardy. Page 1 1.4 CHP Hospital. Naples Community Hospital and North Collier Hospital which have contracted as independent contractors with CHP to provide certain Health Benefit Plan to Plan Members. 1.5 CHP CliP Physician. A physician who has contracted as an independent contractor with 1.6 CHP Provider. A CHP Physician, CHP Hospital, and any licensed health care facility or professional, who or which has entered into a written agreement with CHP. 1.7 Plan Benefits. Those inpatient and outpatient services that are ordered for Plan Members by physicians and other licensed health care providers, covered under a Benefit Program 1.8 Plan Member. Any person who has elected to receive health care benefits from or through Board of County Commissioners Collier County, Florida's Benefit Program and who is eligible to receive Plan Benefits under the Utilization Review or Managed Care portion of the Benefit Program included in this Agreement. ARTICLE II PROVISION OF SERVICES 2.1 UTILIZATION MANAGEMENT PROGRAM Community Health Partners' Utilization Management Program shall use nationally recognized guidelines to determine the appropriateness of medical services as well as the delivery setting and length of stay for inpatient hospital and outpatient services. The appropriateness guidelines have been developed to create practice pathways that integrate with procedures that require Precertificiation. Community Health Partners will be responsible for: Maintain a local telephone line and an out of area toll free telephone line for enrollees of the Board of County Commissioners Collier County, Florida's Benefit Plan to call for Precertificiation of defined procedures and medical services. This may include non-emergent inpatient hospital confmements, outpatient hospital services, surgeries, diagnosis testing and or medical procedures. Utilization Management service will be available during standard business days, Monday through Friday 8:00 am through 5:00 pm. Voice mail messaging will be available during non-business hours, and calls will be returned on the next business day. Respond to Utilization Management requests for the medical services within 24 hours of the request verbally when all necessary medical information and eligibility status is provided. Written confirmation of the decision will be mailed within the next business day of the decision. · Provide retrospective process of emergent admissions. · Perform concurrent review and assist with discharge planning. · Provide Precertificiation forms. Page 2 O8/O7/O2 Assist the Board of County Commissioners Collier County, Florida to determine the medical services and procedures that are to be included in the Utilization Management Program. · Provide analysis and reports of the Utilization Management Program. Standard reporting of authorizations and Denials by CPT codes. Provide Precertification information to Board of County Commissioners Collier County, Floridas claim administrator via email or fax. ClIP will coordinate with claim administrator the assignment of authorization numbers. · Follow CHP Grievance Procedure process that does not include medical services excluded by the benefit plan. Provide Nurse and Physician review as necessary. Provide Pharmacy over rides and Pharmacy utilization reports. Provide basic Case Management. Provide basic Benefit Verification and Eligibility Information. Precertification process will not include any medical services requested or begun prior to the effective date of this Agreement. CHP will not handle overlap Precertificiation processing. Board of County Commissioners Collier County, Florida will be responsible for: Provide written notification to their Benefit Plan enrollees of the Utilization Management Program and the requirements of this program. Provide up to date enrollment eligibility information to CHP online. Assist CHP with the integration of the Utilization Management Program with the Board of County Commissioners Collier County, Florida's claim administrator. Distribute the Precertificiation forms as necessary to enrollees. 2.2 SMARTCHOICE PROGRAM (Large Case Management) Community Health Partners will be responsible for: Disease Management portion of this Program · Assist with notification to members reminding them to utilize their Preventative Benefits and call for free telephonic assessment to determine entry to Smartchoice. · Provide telephonic entry assessment to determine eligibility for Smartchoice program. Page 3 08/07/02 Determine inappropriate Emergency Room utilization of members that have had (3) or more emergency room visits per calendar year. The ICD-9 codes ~vill be reviewed, and members with inappropriate ER use will be contacted by the case manager. The case manager will encourage the member to establish with a participating Primary Care Physician. · Provide Disease Management for the following diagnoses: Coronary Vascular Disease, Asthma, Diabetes and Life Style Management. · Member will be discharged from the Smart Choice Disease Management program when goals are met. · ClIP will provide anonymous cost savings report to the Board of County Commissioners Collier County, Florida. · A maximum of (60) members at a time will be enrolled in the Disease Management portion of this program. Large Case Management portion of this Program: · Case managing catastrophic chronic and acute illness. · Case manage transplants, inclusive of negotiating rates, all authorizations, working with in-house case management with discharge planning, i.e. home health, DME, Rehab services, etc. The Smartchoice Case Manager will use claims data to determine which members can most benefit from the program. Members will be selected by high cost and high complexity diagnoses. Need for out-of-network services will also be a factor. The Smartchoice Case Manager will attempt to negotiate rates for all services not available within the CHP network, or the employer's national network. This service will be provided only with the written approval of the employer's reinsurer when applicable. · Maximum of twenty (20) members can be enrolled into the Large Case Management Program at one time. Board of County Commissioners Collier County, Florida will be responsible for: · Encouraging their enrollees to participate in the Smartchoice Program. · Assist with the notification to employees about the Smartchoice Program. · Provide Preventative Benefits to help identify potential health problems early. · Provide claims data to the Smartchoice program as described below. Page 4 08/07/02 While the exact format outlined below is not required, the elements listed are required. Board of County Commissioners Collier County, Florida shall produce and send to CHP quarterly. Reports including the following information from claims submitted by CHP preferred providers: Provider Name Provider Tax ID Patient Date of Patient Sex (M/F) Primary Procedure Birth Code (CPT) Secondary Dx Code (ICD9) Dx Code (ICD9) Dx Code (ICD9) Date of Service Procedure Code Primary Secondary Third Mrn/dd/yy (CPT) Charge Amount Negotiated Paid Amount Allowable Amount These reports should be sent on 3 1/2" diskette in excel format or may be emailed to the Smartchoice Case Manager. Please include the field layout legend and indicate if files have been "zipped". 2.3 ACCESS HEALTItLINE PROGRAM The Access Healthline Program is a call center administered by Community Health Partners' Registered Nurses that provides Triage Service to the Board of County Commissioners Collier County, Florida's Benefit Plan enrollees. This Triage Service gives enrollees the opportunity to call, give short medical history, and a description of a medical problem that they, or a covered member of their family, are experiencing. The Registered Nurse will use medical algorithms to determine the best type of medical facility and time frame necessary to deal with that medical problem. Community Health Partners will be responsible for: · Provide Physician and Medical Service referrals to enrollees. · Provide information on health related topics. · Registered Nurse available to enrollees 24 hours daily, 7 days a week, 365 days annually. · Assist with appropriate utilization of emergency room care. · Provide education and resources to enrollees and their families regarding their medical questions. · Provide an exclusive telephone number for enrollees to call for Referral or Triage Service. · Provide information to the Board of County Commissioners Collier County, Florida about the Access Healthline Program for their enrollees. · Attend annual benefit fair offered to enrollees by the Board of County Commissioners Collier County, Florida to explain the Access Healthline program. Page 5 Board of County Commissioners Collier County, Florida will be responsible for: · Distribute information about the Access Healthline and exclusive telephone number to their enrollees. 2.4 Board of County. Commissioners Collier County, Florida Representations and Warranties. Board of County Commissioners Collier County, Flor/da represents and warrants that the terms of this Agreement do not conflict with any other agreements, whether written or oral, between Board of County Commissioners Collier County, Florida and any other third person or entity. For purposes of CHP Providers compliance with Rule 4-153, Florida Administrative Code, Board of County Commissioners Collier County, Florida represents and warrants that its Benefit Programs are completely and fully self-insured, except for any reinsurance or similar form of stop-loss insurance. 2.5 Grievances. Any complaints received by Board of County Commissioners Collier County, Florida or its claims administrator with respect to the provision of the Managed Care Program by CHP shall be forwarded to CHP and shall be submitted for resolution in accordance with the CHP's then current patient grievance resolution procedures as the same may be in effect from time to time. 2.6 Force Maieure. Neither CHP nor any CHP Provider shall be liable nor deemed to be in default for any delay or failure in performance under this Agreement or other interruption of service or employment deemed resulting, directly or indirectly, from Acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, employee strikes or work interruptions, earthquakes, floods, hurricane, failure of transportation or any similar or dissimilar cause beyond the reasonable control of such party. 2.7 Managed Care and Utilization Review Requirements. Board of County Commissioners Collier County, Florida shall provide CHP copies of the Utilization Review and Managed Care requirements, Schedule 2.6 and other conditions to be followed by CHP and Plan Members with respect to providing Managed Care Services under a particular Benefit Program. To the extent of any conflict between the terms of this Agreement and such policies the Plan Benefits shall govern if the Plan Benefits address the specific conflict and if not the terms of this Agreement shall govern provided, however that in no event shall this Agreement amend the Benefit Program. 2.8 Review Board. Board of County Commissioners Collier County, Florida and CHP shall actively participate in a review board and work toward creating equitable methods to measure outcomes of the CHP Managed Care Programs and utilization strategies that have an impact on medical costs. 2.9 Notification of Claims Payment Administrator. Upon execution of this Agreement, Board of County Commissioners Collier County, Florida shall provide CHP with written notification of its designated third party administrator, if any, and shall thereafter provide CHP with written advance notice ninety (90) days prior to any changes. 2.10 Program Fees. Board of County Commissioners Collier County, Florida shall choose the Managed Care Program(s) and pay CHP the fees for each program chosen as listed on Schedule 4.7 as compensation for each Managed Care Program CHP provides. ARTICLE IH TERM AND TERMINATION 3.1 Term. The initial term of the Agreement shall be for three (3) years, from ,__ to ,__ and shall automatically renew for successive one (1__) year terms unless either party gives the other notice of it intention not to renew at least ninety ( 90 ) days prior to the annual anniversary of the Effective Date after the initial term of this Agreement. 3.2 Termination With Cause. If either party materially breaches this Agreement (the "Breaching Party") the other party (the "Non-Breaching Party") shall have the right to give the Breaching Party written notice of the alleged breach and the Breaching Party shall have thirty (30) days following receipt of such notice to cure the breach to the reasonable satisfaction of the Non-Breaching Party. If the breach is not cured to the reasonable satisfaction of the Non-Breaching Party within the thirty (30) day period the Non-Breaching Party shall have the right to immediately terminate this Agreement. 3.3 Obligations After Termination; Continuation of Care. Termination of the Agreement shall not affect the rights, obligations and liabilities of the parties arising out of transactions occurring prior to termination. Termination of this Agreement shall be without the consent of or notice to any Plan Member or any other third party. Upon the termination of this Agreement for any reason or cause, CHP shall cooperate with Board of County Commissioners Collier County, Florida by talcing reasonable and medically appropriate measures to assure the assumption of Managed Care Services to Plan Members. CHP shall be compensated for such services in accordance with the terms of this agreement. CHP shall furnish any information and take any action including, without limitation, continuing to provide Managed Care Services, for up to thirty (30) days, as Board of County Commissioners Collier County, Florida may reasonably request in order to effectuate an orderly and systematic termination of CHP duties and activities under this Agreement and the transfer of obligations. ARTICLE IV GENERAL PROVISIONS 4.1 Relationship of Parties. Board of County Commissioners Collier County, Florida and CHP acknowledge that CHP is an independent contractor. 4.2 Recitals. Each of the recitals set forth above are true and correct and are incorporated into and made part of this Agreement by reference. 4.3 Limitation of Assignment. This Agreement shall not be assigned by either party without the prior express written consent of the other party. 4.4 Binding on Successors in Interest. To the extent permitted by this Agreement, the provisions of, and obligations arising under, this Agreement shall extend to, be binding upon, and inure to the benefit of the successors and assigns of CHP and Board of County Commissioners Collier County, Florida. 4.5 Severability; Changes in Law. If any part of this Agreement is determined to be invalid, illegal, inoperative or contrary to law or professional ethics, the part shall be reformed, if Page 7 08/07/02 possible, to conform to law and ethics; the remaining parts of this Agreement shall be fully effective and operative to the extent reasonably possible. If any restriction contained in this Agreement is held by any court to be unenforceable and unreasonable, a lesser restriction shall be enforced in its place and the remaining restrictions shall be enforced independently of each other. 4.6 Conformance With Law. Each party agrees to carry out all activities undertaken by it pursuant to this Agreement in conformance of all applicable federal, Florida and local laws, rules and regulations. 4.7 Time of the Essence. Time shall be of the essence with respect to each and every term, covenant, and condition of this Agreement. 4.8 Attorney Fees. In the event of any action, dispute, litigation or other proceeding relating to or in connection with this Agreement, each party shall be responsible for their own fees, costs, and expenses of counsel incurred in connection with that action, dispute, litigation or other proceeding. 4.9 Entire Agreement/Amendments. This Agreement supersedes all previous Managed Care Service contracts and constitutes the entire agreement between the parties relating to the subject matter of this Agreement. Oral statements or prior written materials not specifically incorporated in this Agreement shall not be of any force and effect. In entering into and executing this Agreement, the parties rely solely upon the representations and agreements contained in this Agreement. Except as otherwise expressly provided in this Agreement to the contrary, no changes in or additions to this Agreement shall be recognized unless and until made in writing and signed by an authorized officer or agent of CHP and Board of County Commissioners Collier County, Florida. 4.10 Governing Law. This Agreement has been executed and delivered and shall be construed and enforced in accordance with the laws of the State of Florida excluding and without application of any choice of law principles except to the extent pre emptied by federal law. Any action brought by the parties whether at law or in equity shall be commenced and maintained and venue shall properly be in Collier County, Florida. The parties knowingly, intentionally and irrevocable waive any claim that any suit, action or proceeding brought in Collier County, Florida has been brought in an inconvenient forum. Each party further waives all rights to any trial by jury in all litigation relating to or arising out of this Agreement. 4.11 Waiver of Breach. No provision of this Agreement shall be deemed waived unless evidenced by a written document signed by an authorized officer or agent of CHP and Board of County Commissioners Collier County, Florida. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision of this Agreement unless specifically provided for in the written instrument consenting to the waiver. 4.12 Paragraph and Other Headings. The section and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 4.13 Gender and Number. When the context of this Agreement requires, the gender of all words shall include the masculine, feminine, and neuter, and the number of all words shall include the singular and plural. 08/07/02 4.14 Execution. This Agreement and any amendments may be executed in multiple originals, each counterpart shall be deemed an original, but all counterparts together shall constitute one and the same instrument. 4.15 Additional Assurances. The provisions of this Agreement are self-operative and do not require further agreement by the parties; provided, however, at the request of either party, the other shall execute, except as otherwise provided in this Agreement, any additional instruments and take any additional acts as may be reasonably necessary to effectuate this Agreement. 4.16 Construction. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing this Agreement to be drafted. 4.17 Authority. Each signatory to this Agreement represents and warrants that he possesses all necessary capacity and authority to act for, sign, and bind the respective entity on whose behalf he is signing. 4.18 Notice. Any notice given pursuant or relating to this Agreement shall be given by United States mail, postage prepaid, certified or registered mail, return receipt requested, hand delivery, or overnight delivery, and delivered to the addressee at the following address unless otherwise changed in accordance with the provisions of this Section: To Community Health Partners: 408 Goodlette Road South Naples, Florida 34102 Attn: Contracting Dept. To Board of County Commissioners Collier County Florida 3301 Tamiami Trail East Naples, FL 34112 4.19 Cumulative Remedies. Remedies provided for in this Agreement shall be in addition to and not in lieu of any other remedies available to either party and shall not be deemed waivers or substitutions for any action or remedy the parties may have under law or in equity. 4.20 Marketing and Promotion. Board of County Commissioners Collier County, Florida and CHP each reserve the right to and control of its name, symbols, trademarks, logos and service marks presently existing or established in the future. Board of County Commissioners Collier County, Florida agrees that CHP may use its name in any publication listing the names of managed care programs and health benefit plans with which CHP contracts. Except as provided in this Section, the use of any written promotional documents, publicity, media advertising, or any other materials for public disclosure carrying the name, trademark, service mark, or a pictorial likeness of either party shall require the prior written consent of the other party. 4.21 Confidentiality.. Board of County Commissioners Collier County, Florida and CHP shall take all reasonable precautions to maintain the confidentiality of this Agreement and any related information provided to or discovered and shall not disclose this Agreement, the terms thereof, or such other information to any party other than a party directly involved in the transaction contemplated by this Agreement. 4.22 Coordination of Defense of Claims. Board of County Commissioners Collier County, Florida and CHP shall promptly notify the other of any claims or demands asserted by third parties that arise under or related to this Agreement. The parties shall make all reasonable efforts, consistent with advice of counsel and the requirements of the respective insurance policies and carriers, to coordinate Page 9 ~/t&.~..) 08/07/02 /~_~ ~ and assist in the defense of all claims in which the other party is either a named defendant or has a substantial possibility of being named. This Section shall survive termination or expiration of this Agreement. 4.23 Compliance with Laws and Regulation. In the event any applicable federal, state, or local law or any regulation, order or policy issued under such law is changed (or any judicial interpretation thereof is developed or changed) in a way which will have a material adverse effect on the practical realization of the benefits anticipated by one or both parties to this Agreement, the adversely affected party shall notify the other party in writing of such change and the effect of the change. The parties shall enter into good faith negotiations to modify this Agreement to compensate for such change. If an agreement is not reached within 30 days of such written notice; the Agreement may be terminated by either party. Page 10 08,0 ,0 (~ Community Health Partners~ IN WITNESS WHEREOF, the parties have caused this Letter of Agreement to be duly executed as of this __ day of ., 2002. ATTEST: Dwight F. Brock, Clerk of Courts Dates: Seal: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Print Name and Title First Witness NAPLES PHYSICIAN HOSPITAL ORGANIZATION, INC. dPo/a COMMUNITY HEALTH Second Witness )~X.t~/~roved as to form and .legal sufficiency: ~ Assistant County Attorney Print Name CORPORATE SEAL (Corporations only) SCHEDULE 2.6 UTILIZATION REVIEW PROGRAM To be attached here. Page 12 08/07/02 SCHEDULE 4.7 PROGRAM FEES Board of County Commissioners Collier County, Florida shall pay Community Health Partners monthly the fees listed below for the Managed Care Programs that are indicated as purchased. The fee(s) shall be received by Community Health Partners by the 20th of each month. Fees to be disbursed to: Community Health Partners 408 Goodlette Road S. Naples, FL 34102 Check off the appropriate Managed Care Programs being purchased: CHP Utilization Management Program Standalone $2.46 PEPM CHP Utilization Management Program with Large Case Management and Disease Management Package includes 20 Lg. Case Mgmt. Cases and 60 Disease Mgrnt. Cases unless otherwise specified. $3.39 PEPM 24 hour Access Utilization Management Nurse Add'l $1.50 PEPM SmartChoice Standalone - Large Case Management and Disease Management Package includes 20 Lg. Case Mgmt Cases and 60 Disease Mgmt. Cases unless otherwise specified. $98,400 Annually Access Healthline $1.29 PEPM Minimum 1000 employees Page 13 08/07/02 Community Health Partners- Letter of Agreement between Board of County Commissioners Collier County, Florida and Naples Physician Hospital Organization, Inc. This Letter of Agreement dated ,2002, and is effective as of by and between Naples Physician Hospital Organization, Inc. dfo/a Community Health Parmers, a Florida Corporation ("CHP"), and the Board of County Commissioners Collier County, Florida. The purpose of this Letter of Agreement is to set forth a timeframe for Board of County Commissioners Collier County, Florida and CHP to articulate and document the parameters and intent of the parties to work together to obtain a mutually acceptable risk share program and formula to be completed within ninety (90) days from the effective date of this Letter of Agreement. The Board of County Commissioners Collier County, Florida and Community Health Parmers shall actively participate in a review board and work toward creating the equitable methods to measure outcomes of the CHP utilization strategies that have an impact on medical costs. Agreement Community Health Partners agrees to: 1. Establish and chair a Review Board composed of physicians, hospital, Board of County Commissioners Collier County, Florida, other government entities representatives and Willis representatives to identify and implement utilization strategies that will have an impact on medical costs. 2. Provide input and assistance in working toward the goals articulated in this Letter of Agreement. 3. Maintain the fee schedule that was implemented on August 1,2001. 4. Actively participate to obtain a mutually acceptable risk share program and formula to be implemented ninety (90) days from the effective date of this Letter of Agreement. 5. CHP will work with Board of County Commissioners Collier County, Florida to identify the factors that are driving the cost of medical claims and work to develop initiatives designed to address those factors that will improve the quality and consistency of medical care while at the same time reducing the overall cost of care. CHP shall take steps to educate its member providers regarding these programs and compliance with them. CHP will monitor provider compliance with the terms of this contract and the initiatives that result from it. Board of County Commissioners Collier County, Florida agrees to: 1. Maintain current contract with CHP in effect. 2. Cause their TPA to release claims and utilization information to CHP and Willis. 3. Actively participate with CHP in the Review Board. 4. Actively participate to obtain a mutually acceptable risk share program and implemented ninety (90) days from the effective date of this Letter of Agreement. formula to be Community Health Partners- Board of County Commissioners Collier County, Florida and CHP agree to continue the agreement and negotiate m good faith to maintain an exclusive agreement. Term This Letter of Agreement shall terminate ninety (90) days from the effective date above. IN WITNESS WHEREOF, the parties have caused this Letter Agreement to be duly executed as of this day of ,2001. ATTEST: Dwight F. Brock, Clerk of Courts Dates: Seal: First Witness BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Print Names and Title NAPLES PHYSICIAN HOSPITAL ORGANIZATION, INC. d/b/a eOM ~M~/I~Y HEALTH PARTNERS AI'i'~'~. Wms'-~, M.D., Chairman Second Witness Approved as to form and legal sufficien/cYL~/ ~ Assistaht County ~t~pe-y' Print Names CORPORATE SEAL (Corporations only) NAPLES PHYSICIAN HOSPITAL ORGANIZATION, INC. COLLATERAL NETWORK AGREEMENT This COLLATERAL NETWORK AGREEMENT (the "Agreement") effective as of the __ day of ,2002, (the "Effective Date"), is entered into, by and between Naples Physician Hospital Organization, Inc. d/b/a Community Health Parmers ("CHP") and Board of County Commissioners Collier County, Florida, ("Payor"). W__I_TN[ S S E T H: WHEREAS, Community Health Partners has as its primary objective arranging for the delivery or provision of certain health services through a cost effective, coordinated, and integrated health care delivery system. WIt~REAS, Board of County Commissioners Collier County, Florida has adopted a self-insured employee benefit plan for the provision of health care benefits to Plan Members; WI-IEREAS, Board of County Commissioners Collier County, Florida, a self-insured employer, is ultimately responsible for payment of health care benefits in accordance with the terms and conditions of this Agreement; and WHEREAS, Board of County Commissioners Collier County, Florida desires to increase control over the cost of providing health care benefits to Plan Members and enters into this Agreement to arrange for CHP to contract with a Collateral Network. NOW, THEREFORE, for and in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: ARTICLE I PROVISION OF SERVICES 1.1 Board of County Commissioners Collier County, Florida hereby appoints Community Health Partners as Board of County Commissioners Collier County, Florida's duly appointed agent with the power and authority to enter into and execute Collateral Network Payor Agreement on behalf of Board of County Commissioners Collier County, Florida to access Collateral Network for it's enrollees outside of local CHP service area. 1.2 Community Health Partners shall maintain a National Collateral Network Payor Agreement. 1.3 Community Health Partners shall notify Board of County Commissioners Collier County, Florida of any changes to the National Collateral Network Payor Agreement. 1.4 Community Health Parmers shall notify Board of County Commissioners Collier County, Florida and Board of County Commissioners Collier County, Florida's claim administrator of the name of the Collateral Network. Page 1 06/l 9/02 1.5 Community Health Partners shall provide no less then ninety (90) days written notice of the termination of any Collateral Network Agreement that provides access to Board of County Commissioners Collier County, Florida enrollees outside of CHP's service area. 1.6 Board of County Commissioners Collier County, Florida shall provide CHP sixty (60) days written notice of termination of this Collateral Network Agreement. 1.7 Board of County Commissioners Collier County, Florida shall pay CHP the fees listed on Schedule 1.7 as compensation for CHP providing Board of County Commissioners Collier County, Florida access to a Collateral Network. Fees are dependent on the charges accessed by the Collateral Network to CHP and may be adjusted without amendment to this contract. CHP shall provide ninety (90) day prior written notice to Board of County Commissioners Collier County, Florida of any fee adjustments. ARTICILE II TERM AND TERMINATION 2.1 Term. The initial term of the Agreement shall be from and shall automatically renew for successive one (1) year terms thereafter unless either party gives the other notice of it intention not to renew at least ninety ( 90 ) days prior to the annual anniversary of the Effective Date. 2.2 Automatic Termination. This Agreement shall automatically terminate as of the effective date of termination of Payor's Benefit Programs if no other successor or substitute self-insured plan is adopted by Payor. Payor shall provide CHP written notice no less than thirty (30) days prior to the effective date of termination of each Benefit Program covered under this Agreement. 2.3 Termination Without Cause. This Agreement may be terminated by either party with ninety (90) days written notice to the other party. Page 2 06/I 9/02 IN WITNESS WI-IEREOF, the parties have caused this Letter Agreement to be duly executed as of this __ day of ., 2001. ATTEST: Dwight F. Brock, Clerk of Courts Dates: Seal: First Wimess BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Print Names and Title NAPLES PHYSICIAN HOSPITAL ORGANIZATION, INC. d/b/a COMMt:~NITY HEALTH PARTNERS Alle~. ~vVeis~,, 'M.D., Chairman Second Wimess Approved as to form and~ legal sufficiency:/ ~ Assistant County Attorney Print Names CORPORATE SEAL (Corporations only) Page 3 06/19/02 SCHEDULE 1.7 NATIONAL COLLATERAL NETWORK FEES Payor shall pay Community Health Partners monthly the fees listed below as indicated for Access to a Collateral Network. The fee(s) shall be received by Community Health Partners by the 20th of each month. Fees to be disbursed to: Community Health Partners 408 Goodlette Road S. Naples, FL 34102 Please indicate choice of Florida only or National Access: __ Collateral Network for State of Florida only Access Fee .............................. $0.95 PEPM* (per employee per month) Collateral Network for Nationwide includes Florida Access Fee ..................... $4.00 PEPM* (per employee per month) *This access fee is subject to change without amendment to the Agreement. Page 4 06/19/02 Community Health Partners WORKERS' COMPENSATION PROVIDER NETWORK EMPLOYER/PAYOR AGREEMENT This Agreement to participate in Naples PHO's WorkCare program entered into as of ("Effective Date") by and between Board of County Commissioners Collier County Government. ("Payor"), and the WorkCare program of the Naples Physician Hospital Organization, Inc. d/b/a Community Health Partners ("WorkCare"). RECITALS WHEREAS, Community Health Partners has developed a Workers Compensation Managed Care Arrangement Plan pursuant to Florida Statutes Chapter 440, which provides a comprehensive network of services for the treatment of employees of payors protected by the Florida Workers' Compensation Laws who have accidental injuries and occupational diseases arising out of and in the course of employment (hereinafter referred to as the "WorkCare Program"); and WHEREAS, The WorkCare Program provides comprehensive services and information gathering for occupational injuries and diseases which may occur in the course of employment at Board of County Commissioners Collier County Government; and WHEREAS, Board of County Commissioners Collier County Government has arranged for a workers' compensation insurance plan and desires to enter into this agreement to participate in the WorkCare Program; and WHEREAS, WorkCare, a division of Community Health Partners, arranges cost- effective hospital, physician, and other health care provider services and certain other services designed to control the overall costs of work-related injuries and illnesses; and WHEREAS, Board of County Commissioners Collier County Government desires assistance in the management of worker injur/es and illnesses and desires access to a network of health care providers for the purpose of controlling workers' compensation costs; and WHEREAS, Community Health Partners has offered Board of County Commissioners Collier County Government the opportunity to participate in the WorkCare Program and Board of County Commissioners Collier County Government has elected to accept the services of the WorkCare Program; and NOW THEREFORE, in consideration of the promises and mutual covenants herein contained, it is mutually agreed by and between the parties hereto as follows: 1. Definitions. For the purposes of this agreement the following terms have the ascribed meanings: 1.1 "Beneficiary" - means any person receiving health care services for which a Payor is under a legal obligation to pay or indemnify for the cost of such services provided under the WorkCare program. 1.2 "Case Management" - means to plan, organize, coordinate, and monitor a Beneficiary's progress while in the WorkCare Program. 1.3 "Covered Services" - means services provided to a Beneficiary when such services are authorized for payment in accordance with the Payor's workers' compensation program. 1.4 "Fee Schedule" - means the schedule of fees charged for the provision of Covered Services. 1.5 "Participating Provider" ~ means any duly licensed hospital, physician, skilled nursing facility, or other health care provider of inpatient or outpatient services which has entered into a contract with the Community Health Partners to participate in WorkCare. 1.6 "Payor" means either (1) an employer with the responsibility for providing health benefits to its workers for work related injuries and illnesses; or, (2) a third party who administers such health benefits on behalf of an employer; 1.7 "Provider Directory" - means the listing of all Participating Providers including type of service provided, address, phone number, and hours of operation. 1.8 "Tracking Report" - means the report utilized by employer to initiate and authorize treatment and by WorkCare and Participating Providers to document care of referred worker. 2. Responsibilities of WorkCare. In addition to any other obligations set forth in other sections of this Agreement, the WorkCare Program within Community Health Partners shall: a. Provide injured workers access to CHP Participating Providers who participate in the WorkCare Program. b. Provide a comprehensive network of Participating Providers to begin treatment process within two hours for acute illnesses and injuries and within one (1) working day for all chronic conditions for Beneficiaries referred by their employer for work-related injury or illness. c. Provide employer a template, for printing, of Tracking Report forms and instruction on the use. d. Provide Payor or Payor's workers' compensation claim administrator with verification, either verbal or written, of a beneficiary's work-related injury or illness within twenty-four hours of the beneficiary's evaluation and notification by a participating provider. e. Provide Payor or Payor's workers' compensation claim administrator with completed Tracking Reports within twenty-four hours of receipt from Participating Provider. f. Provide Case Management services on call 24 hours a day, 7 days a week. g. Provide Payor or Payor's workers' compensation claim administrator WorkCare Participating Provider fee schedule for all services provided by the WorkCare Participating Providers and updated fee schedules, as necessary. h. Provide Payor or Payor's workers' compensation claim administrator WorkCare Participating Provider demographic information and update with any adds, changes or terminations monthly. i. Provide Payor or Payor's workers' compensation claim administrator with progress and status reports for, rehabilitation services only, every two weeks on beneficiaries receiving treatment from rehabilitation participating providers, Assist Payor with training their management personnel with respect to participating in the WorkCare Program. k. Case Manager will authorize all non-emergent medical care and provide documentation of authorizations. 1. Notify employer or payor when there is a question of compensability for a reported injury. m. Provide local case management services by a registered nurse case manager for up to one (1) year from date of injury or date of surgery. Refer to Exhibit 4.1 of the Agreement for cost to provide case management after one (1) year. n. Case management for injured workers who relocate out of the local services area may be requested by the employer. Refer to Schedule 4.7 of the Agreement for cost to provide case management for injured workers who relocate out of the local services area. Provide pre-certification utilizing Interqual criter/a for all tests, procedures and surgeries with expected cost greater than $1000.00 o. Provide file reviews with case manager and employer/payor as necessary. 3. Responsibilities of Payor. In addition to any other obligations set forth in other sections of this Agreement, the Payor shall: a. Use its best efforts to assure that employees utilize the WorkCare program and protocols. b. Use best efforts to assure that management initiates Tracking Reports for employee injuries or illnesses and sends Tracking Report with employee to treatment location. c. Use best efforts to assure that WorkCare is contacted within twenty-four hours of beneficiary injury or initial onset of illness. d. Participate in appropriate WorkCare program training. e. Find modified duty positions for beneficiaries receiving treatment when appropriate. f. Make payment to Participating Providers for medical services rendered within forty fine (45) days of receipt of claims at the WorkCare fee schedule rates. f. Upon request, provide WorkCare within a reasonable period, information related to claims paid under the employer's workers' compensation program. h. Verify the enrollment and eligibility status of workers who present to Workcare Participating Providers. i. Compensation: Payor agrees not to disclose the fee schedule information to outside third parties other then their worker's compensation claim administrator. Community Health Partners may revise the WorkCare Fee Schedule from time to time without amendment to this Agreement. Community Health Partners must provide sixty 60 days written notice in advance of any fee schedule adjustment. j. Compliance with Rules and Policies: Payor shall comply with all rules and policies that CHP may from time-to-time develop or amend in connection with the administration of the WorkCare program. CHP shall be responsible for delivering a copy of such rules and policies to the Payor which shall become binding on Payor upon receipt. This change shall not require an amendment to this agreement. 4. Compensation and Program Fees. Payor shall pay to Participating Providers compensation for those Covered Services provide to the Payor's Beneficiaries under the WorkCare Program at a rate of one hundred percent (100%) of the WorkCare Fee Schedule as outlined in Exhibit 4. Payor shall pay Community Health Partners the program fees listed in Exhibit 4.1 as compensation for providing Payor with the WorkCare Program and for access to and use of the Participating Provider network. 5. Compliance with Rules and Policies. Payor shall comply with all rules and policies that WorkCare may from time-to-time develop or amend in connection with the administration of the WorkCare program. WorkCare shall be responsible for delivering a copy of such rules and policies to the Payor which shall become binding on Payor upon receipt. 6. Independent Contractor. This agreement is not intended to create nor shall any provision of this Agreement be deemed or construed to create any relationship between the parties other than that of independent contractors. Neither of the parties to this Agreement, nor any of their respective employees, shall be construed to be the agent, the employer or the representative of the other. 7. Term and Termination. a. Term. The initial term of the Agreement shall be for three (3) years, from , __ to , and shall automatically renew for successive one (1) year terms unless either party gives the other notice of it intention not to renew at least ninety ( 90 ) days prior to the annual anniversary of the Effective Date after the initial term of this Agreement. b. Obligations after Termination. Following the effective date of termination of this Agreement, the provisions of this Agreement shall be of no further force or effect except that each party to this Agreement shall remain liable for any obligations or liabilities arising from activities carried on by such party prior to the effective date of termination. The provisions relating to proprietary information (Section 11) shall survive termination of this Agreement. 8. Material Breach. Either party may terminate this Agreement for "cause" upon thirty (30) days written notice, which notice shall set forth the material breach which gives grounds for the termination. If the material breach continues for a period of thirty (30) days after written notice, the non-breaching party shall have the fight to immediately terminate this Agreement. Notwithstanding any provision in this Agreement to the contrary, the Participating Facility shall continue to provide covered services to beneficiaries during the thirty day period. 9. Entire Agreement. This Agreement, including any amendments, riders, attachments, or appendices contains the entire understanding of the parties and supersedes any prior understandings and agreements between the parties, whether written or oral, respecting the subject matter of this agreement. This Agreement may be amended or modified only by a written agreement executed by both parties. 10. Waiver of Breach. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach or violation of this Agreement. 11. Proprietary Information. Payor acknowledges that WorkCare has developed certain symbols, trademarks, service marks, designs, data processes, plans, procedures and information, all of which are proprietary information and trade secrets of WorkCare. The information includes, without limitation, materials relating to the utilization review program, compensation mechanisms and any mark or name which incorporates the words "WorkCare" or any variant thereof. Payor shall not use this information without the prior written consent of WorkCare, as applicable. Payor shall cease any and all use of, and shall return to WorkCare all such information immediately upon the termination of this Agreement. 12. Force Majeure. WorkCare shall not be liable nor deemed to be in default for any delay or failure in performance under this Agreement or other interruption of service or employment deemed resulting, directly or indirectly, from Acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, employee strikes or work interruptions, earthquakes, floods, hurricanes, failure of transportation or any similar or dissimilar cause beyond its reasonable control. 13. Conformity with Laws. This Agreement shall be governed in all respects and construed in accordance with the laws of the State of Florida. If any provision of this Agreement is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Any suit, action or proceeding with respect to this Agreement shall be brought in the Circuit Court for the twentieth Judicial Circuit in and for Collier County Florida. In the event that any party brings an action to enforce its rights under this Agreement then the prevailing party in that action shall be entitled to recover its reasonable attorneys' fees. 14. Assignment. Except as otherwise provided in this Section, this Agreement is not transferable or assignable by either party without the prior written consent of the non-assigning party. WorkCare may assign its rights and obligations under the Agreement to any entity that controls, is controlled by, or is under common control with Community Health Partners. 15. Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provisions of this Agreement. 16. Notices. Any notice or other communication required by this Agreement is to be in writing, and shall be sent by certified mail remm receipt requested postage prepaid, hand delivered, or overnight prepaid delivery to the following addresses: Naples Physician Hospital Organization, Inc. d/b/a Community Health Partners 408 Goodlette Rd. Naples, FL 34102 Board of County Commissioners Collier County Government 3301 Tamiami Trail E. Naples, FL 34112 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first written above. ATTEST: Dwight E. Brock, Clerk of Courts By: Date: Attest as to Chairman's signature only Board of County Commissioners Collier County, Florida By: Print Name and Title Date: First Witness Type/Print Witness Name Second Witness Type/Print Witness Name Naples Physician Hospital Organization, Inc. d/b/a Cornmum~ Health Partners By: Corporate Seal (Corporations only) (Print Name) CMcfAssistant County Attorney Exhibit 4 COMMUNITY HEALTH PARTNERS WORKERS' COMPENSATION FEE SCHEDULE Hospital Fee Schedule Inpatient and Outpatient Hospital Services will be reimbursed at the Florida State Workers' Compensation fee schedule. Ancillary Facili ,ty Fee Schedule All other Ancillary Facility Services will be reimbursed at the Florida State Workers' Compensation fee schedule. Physician Visits - Fee Schedule* All Physicians will be reimbursed according to the Florida State Workers' Compensation fee schedule with the exception to the procedures listed below. These procedures will be reimbursed according to the 2000 Fee amount illustrated. !99201 !OFFICE/OUTPATIENT VISIT, NEW $48.541 .9202 99203 99204 i99205 199211 '99212 OFFICE/OUTPATIENT VISIT, NEW !OFFICE/OUTPATIENT VISIT, NEW 199244 iOFFICE/OUTPATIENT VISIT, NEW IOFFICE/OUTPATIENT VISIT, NEW .!OFFICE/OUTPATIENT VISIT, EST iOFFICE/OUTPATIENT VISIT, EST '!OFFICE/OUTPATIENT VISIT, EST $75.71~ $105.24i $153.26i $191.16! $23.08i $41.93i ,99213 $57.50i 99214 OFFICE/OUTPATIENT VISIT, EST $87.55i ~99215 !OFFICE/OUTPATIENT VISIT, EST $134.95i '99241 iOFFICE CONSULTATION $'70.0~ 99242 ~ iOFFICE CONSULTATION $111.80~ i99243 ~ [OFFICE CONSULTATION $143.301 .iOFFICE CONSULTATION i99245 , iOFFICE CONSULTATION $264.38i All other Physician Services will be reimbursed based on the Florida State Workers' Compensation Fee Schedule. $199.21j EXHIBIT 4.1 WORKCARE PROGRAM FEES Payor shall pay Community Health Partners monthly the fees listed below for WorkCare Program. The fee shall be received by Community Health Partners by the 20th of each month. Fees to be disbursed to: Community Health Partners 408 Goodlette Road S. Naples, FL 34102 Workcare Program $2.85 PEPM 10 Exhibit 2 GRIEVANCE PROCEDURES The managed care arrangement has an appeals process designed to allow treating providers and injured employees to appeal the utilization review determinations made by clinical review staff. Appeals Informal Appeal During Pre-Certification If, based on the available case information in consultation with a Physician Advisor, WorkCare is unable to certify a hospitalization or procedure, the review nurse will inform the claims representative, attending physician and facility of WorkCare's non-certification recommendation and will explain the appeals process. At that time, the provider, facility, or injured employee may file an informal appeal by calling 941-594- 8000 (or 888-446-6422 if out of area) and asking that the Physician Advisor who recommended non- certification review additional medical information which may impact his or her decision. The Physician Advisor will review the additional information and complete his review within 24 business hours of receipt of the additional information. If after reviewing this additional information the Physician Advisor continues to recommend non-certification, a second level appeal will be offered to the attending physician, facility and injured employee. Formal Appeal During Pre-Certification The attending physician, facility or injured employee is asked to submit an appeal to WorkCare or the insured in writing. In explaining the appeals process, the review nurse will inform the appellant that the written request for appeal should include additional medical information which is believed to support the request for a procedure or hospitalization. This written request may be sent to WorkCare at: WorkCare 408 Goodlette Rd. S Naples, Florida 34102 In the event that an attending physician declines the opportunity to a formal appeal but still plans to admit the patient to the hospital, the review nurse will inform the hospital that the admission has not been certified. The hospital itself then has the opportunity to submit a written request for an appeal, which should contain additional medical information believed to support the request for hospitalization or procedure. Upon receipt of the written appeal from the provider, facility or injured employee, the Utilization Review Supervisor will review the appeal in consultation with a second Physician Advisor (who has not been involved in the first recommendation of non-certification) in the same specialty or higher as the attending provider. If, after reviewing the medical information, WorkCare determines that the procedure or hospitalization will be recommended for certification, the Utilization Review Supervisor will inform the claims 11 representative and then the attending provider and hospital that, based on the additional medical information provided in the formal written appeal, WorkCare recommends certification of the procedure or hospitalization. Again, the determination will be made within 24 business hours of receipt of the additional medical information. If WorkCare is still unable to recommend certification based on a review of the additional medical documentation, the attending provider, hospital and claims representative will be notified immediately by telephone, with a follow-up written report within 48 business hours of the non-certification determination. Standard Appeals Process Non-Authorization/Non-Certification A standard appeal is conducted any time a provider requests an appeal of a non-authorization/non- certification determination. Requests for a standard appeal are received via mail, telephone or FAX within one (1) month of the occurrence. The appeal is entered into the Case Management System and routed to the Utilization Review Supervisor within 24 hours of receipt. A request for a standard appeal must include additional medical information believed to support medical necessity of the treatment in question or any unusual circumstance which may affect the determination. Upon receipt of the additional medical information, the Utilization Review Supervisor will review the medical documentation with a second Physician Advisor of the same specialty or higher as the attending. The Supervisor will then inform the claims representative, attending provider and facility of WorkCare's recommendation regarding certification of the medical treatment. If WorkCare's decision is to certify the care, the Supervisor will inform the attending provider, facility, claims representative and/or patient that the treatment has been certified based on the submission of an appeal which included additional medical information not made available to WorkCare at the time of the original request for treatment. This decision will be made within seven (7) days of receipt of the additional medical documentation. If the decision is to uphold the original non-authorization/non-certification recommendation, the provider, facility, claims representative and/or injured employee will be notified within seven (7) business days of the receipt of the additional information. Clinical rationale will be outlined as the basis for the determination in all written reports. Patient Complaints of Physicians The handling of complaints should include prompt acknowledgment, immediate review, impartial hearings, and transmittal of the decisions to those concerned. Once a complaint has been received, it should be acknowledged promptly, and the complainant should be informed of the procedures that WorkCare will follow in response to the complaint. Complaints may be filed by patient, employer, or physician. Complaints should be submitted in writing, by phone or by fax within one (1) month of the occurrence and a simple form may be developed for the filing of complaints. In addition, WorkCare should ask permission from the complainant to review medical records that are relevant to the complaint. If permission is not received, the complainant should be informed that it may not be possible to process the complaint. 12 All complaints should be referred to the grievance committee for the following procedures: Screening Complaints against physicians must be screened to determine whether they should be reviewed by the grievance committee, referred to another agency for review, both, or neither. In several situations, a referral of the complaint would be appropriate. If there is reason to believe that a threat to the health of the physician's patients exists, then the state licensing board and the physician's hospital should be notified immediately. Review When a review is appropriate, the chair of the grievance c-ommittee should designate one or more members of the committee to conduct a review. The review should include one or more of the following steps: interviews of the complainant, the physician and any other person who has knowledge of the facts involved; interviews of other physicians in the physician's field of practice; and examination of relevant medical records. Interviews may be conducted through written correspondence. Reviews should be conducted as quickly as possible and every effort should be made to complete them within one (1) month. Upon completion of the review, the reviewer should make a report to the grievance committee of h/s/her findings. After the committee reaches a decision, it should notify the complainant and the physician of its decision along with a full explanation for its conclusions: (a) the physician did not act improperly and therefore no further proceedings are warranted, (b) the matter should be referred to the disciplinary committee and/or other agency or institution for further proceedings, (c) the physician acted inappropriately but not seriously enough to warrant disciplinary proceedings or proceedings by an outside agency, (d) efforts should be made to resolve the matter through mediation. Mediation By using mediation, the grievance committee can ach/eve two important goals: (1) an amicable settlement of the complaint and (2) education of the physician as to the proper course of conduct. A committee member trying to mediate a dispute should encourage the parties to discuss their relative positions and should allow a full discussion before attempting to bring the matter to a conclusion. Expedited Appeals Process Non-AuthorizationfNon-C ertification An expedited appeal is conducted when an appeal is needed within 24 business hours of the original non- certification determination. At the time the original non-certification determination is given to the attending physician and facility, the right to an expedited appeal is explained. If the provider, facility or injured employee requests an expedited appeal, a telephonic appeal will be conducted. A second Physician Advisor of the same specialty or higher as the attending provider will conduct a peer-to-peer telephonic consultation with the attending provider to determine if medical necessity is established. This telephonic peer-to-peer review with the attending provider will be conducted within 24 hours or the next business day. Results of the appeal will be telephoned to the attending provider, facility, and claims representative within the same working day as the determination. If the Physician Advisor reverses the initial non-certification recommendation, the traditional concurrent review process will be resumed as the certified treatment progresses. If the Physician Advisor upholds 13 the initial non-certification at the expedited appeaI level (not resolving the difference of opinion), the provider may resubmit the appeal through the standard formal appeal process. All the above written appeals procedures will be made available to all providers, facilities, and employees as required by Florida /aw. The procedures will also be included in the informational materials distributed by the insurer to the covered employees. Upon full completion of the grievance procedures offered by Managed Care Arrangement, the provider, facility or injured employee may file an appeal with the Florida Department of Labor and Employment Security, Division of Workers' Compensation. A copy of the final decision rendered by WorkCare will be provided to the Division of Workers' Compensation at the time an appeal with the Division is requested. Change of Provider An injured employee is allowed one change of provider by requesting such change directly from the employee's Medical Care Coordinator Physician(s). Should an injured employee desire a second change of provider, an appeal must be filed detailing the reasons for the second change of provider. Review personnel will review the appeal and make a final determination. If a change in Medical Care Coordinator Physician(s) is requested, a written request must be forwarded to the insurer for approval. Arbitration All appeals procedures are aimed at mutual agreement for settlement. Should an injured employee, provider or facility desire arbitration of a difference of opinion, WorkCare will make available an impartial arbitrator to hear the case and resolve the dispute. Client Concerns WorkCare's Client Concerns Department is responsible for the initial processing of "Client Concerns", and they can be reached at the telephone number, 941-594-8000 (or 888-446-6422 if out of area). Client Concerns are issues and problems raised by clients, employers or providers to the Field Service Representatives or directly to WorkCare Client Concerns. Note:Periodic employee satisfaction surveys will be conducted by WorkCare. These will be compiled in order to determine any potential service/quality problems and to note service trends. Within seven (7) days of admission to the program, a Field Service Representative will contact the client by telephone. The purpose of this contact is to take a proactive stance in assessing the concerns of the client. Feedback is elicited from the client in an attempt to better address any concerns they may have. The Field Service Representative will begin a Client Concerns Assessment Form upon contacting the individual. Any problem or issue not addressed via the Field Service Representative contact may be brought to the attention of the Field Service Representative either by faxing or mailing in a Client Concern Form to the 14 Client Concerns Supervisor. The Client Concerns Supervisor logs each Client Concern in an automated tracking program, assigns a tracking number, and identifies the type of concern (please see Standard Types of Client Concerns). By logging all items identified, WorkCare is better able to identify categories for improvement and any trends or areas of concern. If the Client Concerns Supervisor is able to resolve the issue, the concern is resolved immediately. If, however, the concern must be forwarded to another area for resolution, several additional items are logged. Additional items noted may include: the area assigned, the person responsible for resolution, the date assigned and the date resolved. The area given the concern is responsible to resolve the problem promptly and take corrective action when necessary. Contact is again made to the client by this person at this time. The response is then forwarded back to WorkCare Client Concerns. The resolution is documented on a Client Concern Response Form and is returned to the appropriate Field Service Representative within 48 business hours of receipt. The Field Service Representative will then notify the client, provider, employer or employee of the resolution. This program is evaluated by the ability of the staff to address all client concerns within a reasonable response time. WorkCare also strives to keep the number of client concerns initiated to a minimum by providing quality client service and a thorough quality improvement program. Standard Types of Client Concerns Explanation of Standard Type Codes: A Turnaround Time Response not within established service standard. B C D E F G Commumcation/Follow-up Requests for case status, lack of follow up, status of bills sent in, etc. H Error Correction Specific errors in dates, dollar amounts, social security numbers, telephone numbers, spelling of names, providers, facilities, bills returned without discounts applied, void requests, repricing errors. Cost/Invoices Pricing clarification, statement issues. invoice inaccuracies, reports not attached to invoices, customer balance Improper Handling Information routed to incorrect offices or departments, wrong carrier invoiced. Special Requests/Carrier Instructions Requests for report or invoice copies, requests for special procedure changes and arrangements. Personnel Complaints Inappropriate comments to callers, rudeness, client dissatisfaction with any WorkCare staff. System/Procedure Complaints Dissatisfaction with WorkCare procedure or system issue, criteria questions or issues. 15 Does Not Warrant a Client Concern Form Form submitted when issue not a true client concern. Provider Issues Providers refusing to honor contracted discounts, contract clarification requests, balance billing issues. K Appeals Disagreement with recommendations rendered. L Other All other issues. Annual Grievance Report All grievance information will be maintained in the system for follow-up and reporting purposes. The information that will be maintained includes, but is not limited to number of grievances filed, the subject of all grievances filed, the nature of the grievance and the resolutions of all grievances filed. This information will be filed with the Florida Agency for Health Care Administration no later than March 31 of each year. 16 EXECUTIVE SUMMARY APPROVE AN AMENDMENT TO AGREEMENT FOR THE CONVEYANCE OF GAC TRUST RESERVED LANDS TO THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, FOR THE FUTURE CONSTRUCTION OF AN ELEMENTARY SCHOOL IN GOLDEN GATE ESTATES, NOT TO EXCEED TEN DOLLARS ($10.00). OBJECTIVE: To approve and execute an Amendment to Agreement between Collier County, a political subdivision of the State of Florida, by its Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust (County), and the District School Board of Collier County, Florida (School), which provides for the removal of the reverter clause and restrictive verbiage for two previously conveyed parcels from the GAC Land Trust Reserved List. CONSIDERATIONS: On Novcmber 15, 1983, Avatar Properties, Inc., and Collier County entered into an Agreement (1985 Agreement) to dedicate 1,061.5 acres of property in Golden Gate Estates to Collier County. According to the 1983 Agreement, the property is to be used to provide facilities for such things :,.s ~re protection, police facilities, public schools, libraries and recreational facilities, as well as eq,~pment for the operation thereof for the existing and future residents and visitors of Collier County. All such capital improvements are to be physically located within the geographical H.:~m~dary of "Golden Gate Estates." The 1983 Agreement further states that the proceeds from the sale of the property are to provide a source of revenue to fund said improvements and to provide for the acquisition of other lands, equipment and materials for the future constructi~:~ of similar improvements. At the November 1, 1988, Board Meeting, Agenda Item 14B(3), thc Board of County Commissioners approved the creation of a GAC Land Trust Reserved List. xvi:ida set aside a portion of the GAC property in anticipation of greater future marketability p0tcntial or for future government needs spawned by growth in Golden Gate Estates. On January 16, 2002, the County conveyed Tracts 2 & 3, Golden Gate Estates, Unit 72 (Land) to the School. The Agreement and Statutory Deed for the conveyance of these two tracts contained restrictions limiting the use of the Lar~d to school purposes, a mandatory completion date for the construction of the school, and a reverter clause transferring the land back to the County in the event the School failed to abide by the restrictions and limitations. As a result of these restrictions, the School is unable to secure adequate financing for construction of a' school and, by the letter attached hereto, request that the restrictions be removed. The Land Trust Committee at its October 8, 2002, meeting recommended by a 3/0 vote (the 4th and the 5th Committee seats are vacant) that the Board of County Commissioners approve the School's request. This request has been reviewed and approved by the County Attorney's office. Once a "Letter of No Objection" is received from Avatar Properties, Inc., acknowledging the changes, the Amendment to Agreement and Corrective Statutory Deed will be sub~ Chairman for execution. NO. NOV / EXECUTIVE SUMMARY School Board Land Conveyance Page 2 FISCAL IMPACT: Recording costs not to exceed Ten Dollars ($10.00) will be paid from the GAC Trust - Land Sales Fund (605). GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve an Amendment to Agreement and Corrective Statutory Deed for the Land conveyed to the School; and 2. Authorize its Chairman to execute the Amendment to Agreement and Corrective Statutory Deed once the "Letter of No Objection" is received and the Amendment to Agreement and Corrective Statutory Deed have been reviewed and approved by the County Attorneys Office. 3. Authorize staff to record the Corrective Statutory Deed in the Public Records of Collier County, Florida. PREPAREDBY:..?~i:,;i,.,~¢.~. /. //':;;.'~t]~?~./~' DATE: [[ ~ Stacey T. Sandman;' i~roperty Acquisition Specialist Propert>/AcqmslUon & Construction Management Facilities Management Department REVIEWED BY: [' t~ ~,' /l,fd ' ' DATE: Michael H. Dowling, Prop~ty Management Specialist Property Acquisition & Construction Management Facilities Management Department ~i...~ ~~ ~ ~~VA,~~ DATE: REVIEWED BY: ~-' ~nt~ ? S Manager Cha~-ies E. Carringto , J ~, · Property Acquisition & Construction Management Facilities Management Department AGENDA I~_T EM~ No..,, /~ ,-- ~ NOV 1 9 2002 Pg. 2-. EXECUTIVE SUMMARY School Board Land Conveyance Page 3 REVIEWED BY: M, Director Facilities Management Department DATE: APPROVED BY: Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division DATE: AGENDA IT.EM No.. /~' ~' ~'~ N0V 1 9 2002 pg._ .3 I )ANDRESS Il A LEGAL PROFESS ONAL ASSOCIATION 850 PARK SH(),RE DRIVE TRIANON CENTRE - THIRD N^PL~:S, FL 34103 239.649.2731 DIP, ECT 239.649.6200 MAIN 239.261.3659 F^X gur0anCnc@ralaw.corn September 11, 2002 VIA FACSIMILE: 774-8876 AND REGULAR U.S. MAIL Ms. Stacey Sandman Collier County Real Property Division 3301 Tamiami Trai! East Administration Buff!ding - 4~" Floor Naples, Florida 341~12 Re: Martin Luther King, Jr. Elementary School Collier County School District Dear Ms. Sandman: The Collier County School District is preparing to construct Martin [.uther King, Jr. Elementary School in the Golden Gate Estates. This elementary school is scheduled to open m approximately one year. The School District has arranged financing tbr the construction of this school along with several other schools through the issuance and sale of Certificates of Participation. Certificates of Participation (which are similar to bonds) are sold to investors and then over time the School District makes principal and interest payments to retire tl'e indebtedness created. Like other financing vehicles, security is required for the indebtedness created. In this form of financing, each school and school site are designated as security for the indebtedness of the School District. As you might expect, default by a school district on this common form of school financing is unlikely. The School District, however, has run into difficulty with respect to finalizing its financing arrangement due to a reverter clause in the chain of title ai tine Mar.n Luti~e~ King, J['. E!cxnei'itai5' $choul site which runs for the benefit of the GAC Land Trust. A brief summary of the reverter issue follows below. On January 22, 2902, 'oilier County, as Trustee of the GAC Land Trust, granted to the School District via Statutory Deed Tracts 2 and 3 of Golden Gate Estates, Unit 72, in order to build the elementary school. A copy of that Statutory Deed is enclosed for your review. The Statutory Deed conveying title contained a reverter clause that provides as follows: CLEVELAND ...Grantee agrees and warrants that the Lands shall be utilized solely for the primary purpose of constructing an elementary school with a mandatory completion date of December 31, 2005 or the lands will automatically revert back to the Grantor. In TOLEDO AKRON COLUMBUS CINCINNATI FORT MY www.ralaw.com Pg.. q _ Ms. Stacey Sandman Collier County Real Property Division September 11, 2002 Page 2 addition, if the lands cease to be used for the operation of a public school, the Lands will automatically revert back to the Grantor. For your additional information, the property conveyed to the School District was also encumbered by an additional reverter clause and a right of first refusal for the benefit of Avatar Properties, Inc. These rights arose from an earlier agreement between Avatar Properties, Inc. and Collier County dated November 15, 1983 (as amended). With respect to the reverter clause, if the property failed to be used for governmental facilities, including public schools, the property would revert back to Avatar Properties. The School District has successfully obtained a release from Avatar Properties for the reverter right and right of first refusal from the 1983 agreement. A copy will be provided to you after recording in the Public Records. As part of the issuance of the Certificates of Participation, two parties involved in the issuance of the Certificates, Financial Security. Assurance, Inc. and SunTrust Bank. are requiring that the reverter clause be released. Financial Securi~' Assurance. Inc. will be issuing a Municipal Bond Insurance Policy for the Certificates of Participation that will guarantee the principal and interest payments of the School District as to the Certificates. SunTrust Bank represents the interests of the investors in the Certificates of Participation and is. theretbre, interested m ensuring sufficient security for the indebtedness. The School District respectfully requests that the GAC Land Trust Committee and the Board of County Commissioners, as Trustee of the GAC Land Trust. consider a release of the reverter rights contained in the January 22, 2002 Statutory. Deed. I would appreciate your scheduling this item on the agenda for the next GAC Land Trust Committee meeting, which I understand is scheduled for September 23, 2002, and the next corresponding Board of County Commissioner's meeting for final action. Thank you for your time and attention. If you should have any questions or concerns, please contact me. I would be happy to provide any additional information you may require. GLU/dk Enclosure 386286_1 Sincerely, /- ° Gregory.L. ~rbancic For the Firm~ Michael Kirk, Director, Facilities Planning & Construction Art Dobberstein, Educational Facilities Planner Stephen M. Fain, Executive Director of Business Services Toni A. Mom Supervisor, Collier County Government. Administrative Services Division NOV I 9 2002 Pg.. ~ IM. AGE01: FL-02-16953-2 08/16/2002 08:33:52am q)l-rrlc~L USTI~ OF THE GAC mailing or ~ ....... .-,~,, ,~"~ UNTY, FLORIDA, having a manng . ,,_..,... m,,' M104, l. mmi~m' called'~m ~ : WTTNESSETH that the Grantor, for and in consk~a~ d the sum of Ten DoLOrs, ($1CU)0) to Jt ~n ~e Gmni~. ~ I~eim at~ asso~ fore,m, ~'~ following descz~.d land h/ing ancl I:niing in ~ Oouniy, Ftofid~, hereinafter miefmd to as ISm L. and~: Al of Tracts 2 and 3. Golden Gate Estate~, Unit 72. according to the plat ll~8reof as recorded irt Plat Book 5, Page 8, of the Pub~ Recor~ c~ C.~iliet' ~, ~- Sub~'t to elaeme~ts- maa'tc~n'm, and r~rv~tions WITNESSETH II~ Grantee agrees and warrants t'~, ~ Ix~rpaee of c~sauaing an ~temena~/school ~m a ~ comple~ date of Oecem~ 31.2J305 c~ the Laxx~ Mil automatically reYefl I~c~ to the G,,'ant~. In addilion, if ffm ~ cease Io i~ u~d ~ot ~.~ c~nwa~:m ol a ix~c sc~:c~, ~e t.nncts ~1 autern~calh/fan'ri bac~ ~° ~e ~' IN WITNE..~ WHEREOF ~le said Grantor has aau~eC BOAiqD OF COUNTY COMML.~SlONERG COLLIER C,C~, FLORIDA .. Page i of I NOV 200? AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT entered into this __ day of ,2002, by and between, the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, (hereinafter referred to as the "School") whose mailing address is 5775 Osceola Trail, Naples, Florida 34109, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as the "County"). WITNESSETH WHEREAS, the County and School have previously entered into an Agreement dated January 16, 2001; and WHEREAS, the County and the School are desirous of amending said Agreement; and NOW.THEREFORE, in consideration of the covenants and agreements provided within the said Agreement dated January 16, 2002 and Ten Dollars ($10.00) and Other Valuable Consideration, the said Agreement is hereby amended as follows: 1. Paragraph "1" of the Agreement is hereby deleted in its entirety and the following provision is substituted in its place: The County hereby agrees to convey to the school, via Statutory Deed and for no monetary compensation, all of Tracts 2 and 3, Golden Gate Estates, Unit 72, to be utilized by the School for the purposes hereinafter stated, (hereinafter referred to as the "Lands"), in accordance with the terms and conditions of this Agreement. 2. Paragraphs "2" and "4" of the Agreement are hereby deleted in their entirety. 2. Except as expressly provided herein, the said Agreement between the County and School remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the School and County have hereto executed this Amendment to Agreement the day and year first abo~,e written. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES N COLETTA, Chairman AS TO SCHOOL: DATED: ATTEST: Superintendent of Schools and Ex-Officio Secretary DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA By: ANNE GOODNIGHT, Chair Approved as to form and legal sufficiency: H'eidi F. Ashton Assistant Cpunty Attorney CORRRECTIVE STATUTORY DEED THIS DEED, made this day of , 2001, by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, having a mailing address of 3710 Estey Avenue, Naples, Florida 34104, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it ~n hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida, hereinafter referred to as the Lands: All of Tracts 2 and 3, Golden Gate Estates, Unit 72, according to the plat thereof as recorded in Plat Book 5, Page 8, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: JAMES N. COLETTA, CHAIRMAN ~pprove¢ as to form It jegal suffictenc~ Assistant Count~ ALtel'fle.v EXECUTIVE SUMMARY APPROVAL OF ELIMINATION OF THE SICK LEAVE BANK PROGRAM AND AN INCREASE IN THE SHORT TERM DISABILITY BENEFIT PROGRAM. OBJECTIVE: To eliminate duplication of disability income benefits to County employees and to institute an effective and efficient administration of disability benefits for eligible County employees. CONSIDERATIONS: The Human Resources Practices and Procedures Manual Instruction 5360, Leaves of Absence, provides for a leave benefit entitled Leave Bank. The Leave Bank program allows employees to contribute accrued sick or vacation leave hours to the Leave Bank in exchange for the opportunity to apply for extended leave benefits in the event of a catastrophic illness, injury or disability. A Leave Bank Review Committee, consisting of employees, is tasked with the review and approval of benefit applications. The program provides up to 6 months of paid leave at 100% of the employee's pre-disability salary, subject to continuing approval by the Leave Bank Review Committee at a 3-month interval. On January 1,2002 the County began offering a Short Term Disability program to employees, which provides a 40% of salary benefit that can be increased to 66 2/3% should the employee purchase an increased benefit. The Short Term Disability Program provides up to six months of benefits. The program has a 7-day waiting period but requires employees to exhaust their accrued personal and sick leave benefits before the Short Term Disability program provides a benefit. In addition, the County began offering a Long Term Disability program which provides benefits at 40% of salary to age 65. This program has a six-month waiting period before benefits begin. Employees can also purchase an increased benefit to 66 2/3% of salary. After a thorough review by staff, it has been concluded that the programs are somewhat redundant. Both programs offer an income replacement benefit but do not coordinate with one another. As a result, there is a need to modify and streamline these programs to eliminate this redundancy; to provide for efficient administration; and to assure compliance with Federal and State Statutes governing disability administration. Therefore, it is recommended that the Board approve the elimination of the Leave Bank Program and replace it with an employer-paid Short Term Disability benefit at 66 2/3%.. Due to favorable loss experience, the current rate structure can support the program at no increased cost to the County. Further, by offering an enhanced Short Term Disability benefit, redundancy is eliminated; administration is improved; and compliance with Federal and State statutes is better assured. Employees will receive a competitive income replacement program even with the elimination of the leave bank program. It is recommended that employees utilize their accrued sick and personal leave prior to receiving STD benefits and that they be given the option of using their accrued.vasfit~i.o.n.i NOV 1 b 2002 leave as well prior to receiving the STD benefit although this is not required. The Long Term Disability program will remain unchanged. It is recommended that the County credit back to those employees who contributed to the sick leave bank, but who did not utilize the benefit, eight hours of sick leave to their total sick accrual as an offset to the loss of the sick leave bank. The crediting of sick leave does not present any hard dollar cost to the County because benefits are not payable at separation from employment. Finally, rather than seek an additional contribution of hours from employees, it is recommended that any benefits payable from the sick leave bank program through the end of the calendar year be charged to the departmental budget where the affected employee is assigned. ~, These changes will only apply to collective bargaining agreements if those agreements expressly allow ~or them. The effective date of this change will be January 1, 2003. FISCAL IMPACT: There is no additional fiscal impact related to this item. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the Board approve the elimination of the Leave Bank program as described in CMA Instruction 5360 and increase the Short Term Disability Program to an employer-paid 66 2/3% benefit; authorize staff to prepare an amendment to the Human Resources Practices and Procedures Manual; and to revise the group benefit plan documents as may be needed. SUBMITTED BY:jeff/~all~ ,~CPCU' ARI~,, Direct , Date: ~ ff~]~~4~, or RiskManagement REVIEWED BY: /~CtnAs _~...q\&.k~,.'~ Date: J~mfi l~enri~t, Interim Human Resour~'es Director Jo-Anne Varcoe-Leamer, Administrative Services Administrator 2002 EXECUTIVE SUMMARY_ AWARD A HURRICANE SHELTER UPGRADE AND RETROFIT CONTRACT #02-3429 TO STORM SMART BUILDING SYSTEMS, INC. FOR THE ROOF RETROFIT AND SHUTTER UPGRADE OF THE LAUREL OAK AND VINEYARDS ELEMENTARY SCHOOLS IN THE AMOUNT OF $48,7501. THIS PROJECT IS 100% REIMBURSED FROM THE STATE. OBJECTIVE: To receive the Board's Approval for award of a hurricane shelter upgrade and retrofit contract to Storm Smart building Systems, Inc. for the roof retrofit of the Laurel Oak and Vineyards Elementary Schools. CONSIDERATIONS'.. On August 7, 2002, the Florida Department of Community Affairs, Division of Emergency Management made funding available from the Shelter Deficit Reduction Program to complete these two retrofit projects. On September 16, 2002, a Request for Proposals was issued and, on October 10th, one proposal was received. The only firm to submit a proposal was Storm Smart Building Systems, Inc. Contract negotiations have been successfully completed by staff. The original price proposal submitted by the firms is $48,750 and is within the amount available from the State for 100% reimbursement. FISCAL IMPACT:. The cost of this contract is $48,750 and will be 100% reimbursed through the State Shelter Deficit Reduction Program. GROWTH MANAGEMENT IMPACT: Policy 12.1.3 of the Conservation Element of the Growth Management Plan requires that the County continue to identify shelter spaces meeting American Red Cross standards. These projects will provide an additional 450 shelter spaces for Collier County. RECOMMENDATIONs. That the Board of County Commissioners award a professional services agreement to Storm Smart Building Systems, Inc. in the amount of $48,750 and authorize the Chairman to sign the standard, County Attorney approved agreement. SUBMITTED BY: REVIEWED BY: Purchasin~G~l~s BY: ~ Date:_ APPROVED ~CEM, Director Emergency Management Department ~an~s s~\.,o~,.,~ yon Ri~teln, FPEM, CEM, Coordinator Emergency Management Department ~teph~nUY. Careen, Director AGF..I~DA~TEM t NOV 1 9 2002 Oct-ZS-OZ 15:31 From-Collier County Purchasini 841 ?~Z 0844 T-~38 P.002/002 F-768 Z NOV 1 9 2O02 EXECUTIVE SUMMARY SELECTION OF UNDERWRITERS (RFP 02-3435) IN ANTICIPATION OF FINANCING FUTURE INFRASTRUCTURE IMPROVEMENTS IN COLLIER COUNTY. OBJECTIVE: That the Board of County Commissioners approve the selection of underwriters in anticipation of future capital project financings including but not limited to roads, water and sewer, and general government infrastructure improvements. CONSIDERATIONS: Collier ~ounty sohmted proposals (RFP 02-3435) from licensed investment banking firms interest~ in serving as the Senior Managing Underwriter or Co- Managing Underwriter for Collier County's proposed capital markets borrowing for various capital improvements. In response to this underwriter selection RFP for Collier County Capital Improvements, the~County received proposals from 12 firms. The RFP questions covered a broad range of issues including proposed financing plans, qualifications of each firm and assigned personnel, marketing/distribution capabilities, and underwriting experience. A Selection Committee consisted of the County Finance Director, the OMB Director, the Utilities Operations Director, and the Utilities Billing and Customer Service Director, in consultation with the County's Financial Advisor. The Selection Committee's recommendations were developed after each voting member evaluated each of the twelve proposals received. It was determined that it would be in the best interest of the County to select groupings of firms that would make the strongest teams. To ensure flexibility, the Committee may change the team assignments at any time based on the needs of the County. The Selection Committee results were as follows: Categor~ Roads Utilities General Government Recommended Senior Manager Morgan Stanley Raymond James Banc of America Recommended Co-Manager A.G. Edwards Paine Webber Prudential FISCAL IMPACT: There is no direct fiscal impact associated with the recommendations of this Executive Summary as this merely puts the financing team in place for the proposed bond issues. GROWTH MANAGEMENT IMPACT: Roads, utilities, parks, and jail facilities are Category A facilities that must meet required concurrency management provisions in the Growth Management Plan. NOV 1 ,.. 2002 RECOMMENDATION: That the Board of County Commissioners: Prepared by: approve the selection of underwriters as detailed above in the Executive Summary. Reviewed by: Michael Smykowski, OMB Director S~e ~ell,' Pu~asing Dir[ctor DATE: Naa, I.~Z, oa,~-- November 12, 2002 DATE: {( /,'l~/0'~. November 12, 2002 Approved by: James V. Mudd, County Manager DATE: November 12, 2002 NOV 1 S 2002 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE November 19, 2002 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED_: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements ~¥r October 19, 2002 through October 25,2002. 2. Disbursements £or October 26, 2002 through November 1, 2002. Districts: 1. Mediterra ~c~u~i~. Community Development District - Minutes of the July 24, 2002 lxlcc~:i~. AdoptedBudget FY 2003 and Unaudited Financial Statements da~ ~'d 6/30/02. 2. Port of the I~ ':,ds Community Improvement District - Minutes of Meeting helci b c?tember 20, 2002, Auditor's Report FY Ended 9/30/01, Managemcr,:: }~ct ~er, Response to Management Letter and Financial Report dated Septen'~c~ 20, 2002. 3. Naples Heritaze Community Development District - Minutes of Meeting held August 12.2002, Adopted Budget FY 2003 and Unaudited Financial Statement 7/31/02. Minutes: 1. Vanderbilt Beach M.S.T.U.Advisory Committee - Agenda for November 7, 2002, Minutes of October 3, 2002. 2. Library Advisory Board_- Minutes of September 25, 2002. 3. Collier County Hispanic Affairs Advisory Board - Agenda for October 30, 2002. 4. Workforce Housing Advisory Committee_- Agenda for October 14, 2002 5. :Y ~ H:Data/Format Bayshore Gateway Triangle Local Redevelopment Advise Workshop_- Agenda for October 21,2002. NOV 1 9 200Z Pg. 10. 11. 12. 13. 14. 15. Value Adjustment Board_- Agenda and Minutes of October 2, 2002 and the Agenda and Minutes of October 3, 2002. Community Character/Smart Growth Committee_- Agenda for June 26, 2002 and minutes of September 18, 2002. Development Services Advisory Committee_- Agenda for November 6, 2002, Minutes of October 2, 2002. Workforce Housing Advisory Committee_- Minutes of October 14, 2002. Environmental Advisory Council - Agenda for November 6, 2002. Golden Gate Beautification Advisory Committee- Agenda for November 12, 2002, Minutes of October 8, 2002. Bayshore Beautification M.S.T.U.- Minutes of October 9, 2002. 1-75/Golden Gate Ad Hoc Landscaping Beautification Committee - Minutes of October 9, 2002. Bayshore/Gateway Triangle Local Redevelopment Advisory Board_- Agenda for November 6, 2002. Collier County Planning Commission_- Agenda for November 7, 2002, Minutes of October 3, 2002. H:Data/Format AGE~OA ,..[,TI~ M No. ! ! N 0¥ EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT THE BUDGET AMENDMENT APPROPRIATING CARRY FORWARD AND EXPENDITURE BUDGETS FOR OPEN PURCHASE ORDERS AT THE END OF FISCAL YEAR 2002. QJ~J.EG.T. LV.E: To have the Board of County Commissioners approve the budget amendment appropriating $151,639,019.85 of carry forward, in various funds, to provide expenditure budgets for those purchase orders that were in the process of being completed, but not completely fulfilled as of September 30t~, 2002. CONSIDERATIONS: Purchase orders were issued to various vendors during FY 2001-2002 and there were budgets to pay for those purchases. The purchase orders continue to be valid at fiscal year end. The County continues to need those products or services ordered. However, the budgets to pay for ' th those items expired as of September 30th. If the purchase orders were cancelled on September 30 they would have to be reissued on October 1st which would require unnecessary record keeping changes for the vendors, the County's Purchasing Department, the Clerk's Finance Department and the department which placed the order. Therefore, FY 2003 budgets need to be appropriated to replace those that expired, to allow payment to be made. FISCAL IMPACT: There is no new impact to the respective funds. The decision to purchase was previously approved and the money with which to make payment was encumbered at the time the purchase orders were issued. The County's financial system is capable of taking such transactions into consideration at fiscal year end. GRE)V~FFH MANAGi::MF[NT IMPACT: None RECOMMENDATION: The Board approve the budget amendment for $151,639,019.85 to appropriate carry forward and expenditure budgets for open purchase orders at the end of fiscal year 2002. pREPARED 3Y: Shirley Var3 Vl~t,'Sr. Techl~ical Assistant REVIEWED BY: ' Mike Smykowski Director Office of Budget and Management J~es L. Mitchell, Director of Finan~. AGEND-A~ No. ! G ~'-! NOV 1 9 Pg. 200Z ='~IKi~T_ ROLL*ff,~ENCROI - X,qM .... , FUND DESCRIPTION AMOUNT _.., :001 ;GENERAL FUND Untitled 313,249.30 101 TRANSPORTATION SERVICES 206,702.31 ' ~ 109 i PELICAN BAY MSTUBU i 34,312.46 t 111 iMSTD GENERAL FUND ~ 759,278.47-- 1112 iMSTD ROAD & BRIDGE : 690,710.87_ 113 ~ COMMUNITY DEVELOPMENT , 261,087.55 i114 iWATER POLLUTION CONTROL ~ 172,875.70 1117 i NATURAL RESOURCE GRANTS i 15,000.00 1121 iURBAN IMPROVEMENT GRANTS i 971,683.66 ~,123 ~COLLIER CO-SERVICES FOR SENIORS i 66,832.66 i126 !METRO PLANNING - M.P.O. ! 1,160,125.28 i130 i GOLDEN GATE COMM CENTER i 33,654.00 1146 '.OCHOPEE FIRE CONTROL ~ 29,138.84 156 IMMOKALEE BEAUTIFICATION MSTU ! 222,621.58 160 iBAYSHORE/AVALON BEAUTIFICATION MSTU 26,691.56 1191 ~STATE HOUSING INCENTIVE PARTNERSHIP 15,712.07 1193 ITDC - MUSEUM '~. I 721,262.55 ~ 194 i TDC , - PROMOTION/SPECIAL EVENTS 596,462.88 195 'TDC BEACH RENOURISHMENT i 2,317,967.82 196 !TDC - DISASTER RECOVERY I 436,155.59 !232 !PINE .RIDGE AND NAPLES PROD PKS ASSESSMENTS ~ 6,222.25 ~301 iFACIL~iTIES MANAGEMENT - COUNTY WIDE CIP 6,076,590.37 '306 !1982 F~ARKS IMPROVEMENTS CIP ' 311,843.53 313 ROAD CONSTRUCTION - GAS TAX 30,238,970.85 320 CLAM BAY RESTORATION ! 10,241.50 322 IRRIGATION & LANDSCAPING SYSTEM ANALYSIS 166,362.66 '325 1981 WATER MANAGEMENT CIP ' 1,135,026.84_ 331 ROAD IMPACT FEE - DISTRICT 1 4,759,984.44 333 ROAD IMPACT FEE - DISTRICT 2 3,343,254.92 334 iROAD IMPACT FEE - DISTRICT 3 i 1,043,917.97 336 ROAD IMPACT FEE - DISTRICT 4 91,006.66 338 ROAD IMPACT FEE - DISTRICT 6 : 154,674.00 339 ROAD IMPACT FEE - DISTRICT 5 198,571.61 1346 UNINCORPORATED COMM & REG PARK IMPACT FEE ~ 965,146.28 350 EMS IMPACT FEES ~ 150,749.60 351 iEMS CAPITAL ~ 136,043.98 355 i LIBRARY SYSTEM IMPACT FEE i 85,525.87 ~365 iDIST 5 IMMOKALEE COM PK IMPACT FEE TR ACCT I 5,500.00 ;368 iNAPLES & URBAN COLLIER COM PK IMP FEE TR A~' 62,582.05 :381 CORRECTIONAL FACILITIES IMPACT FEE i 900,701.25 .408 COUNTY WATER/SEWER OPERATING 95,308.43 1409 COUNTY WATER/SEWER CAPITAL PROJECTS 16,805.00 410 iCOUNTY WATER/SEWER DEBT SERVICE I 3,000.00 !411 :WATER IMPACT FEE ] 19,389,698.15 i412 iCOUNTY WATER CAPITAL PROJECTS 7,786,246.18 1413 iSEWER I' 4PACT FEE [ 50,844,488.83 . 414 iCOUNT~ SEWER CAPITAL PROJECTS ~ 9,192,510.05 441 GOODLA, ~D WATER DISTRICT ~, 13,000.00 i470 SOLID WASTE DISPOSAL i 2,635,700.71 :472 ~SOLID WASTE DISPOSAL GRANT 13,882.17 i473 MANDATORY TRASH COLLECTION 20,892.50 i490 EMERGENCY MEDICAL SERVICES 391.51 491 !EMERGENCY MEDICAL SERVICES - GRANTS 63,468.20 496 iAIRPORT AUTHORITY GRANTS 1,698,636.70 ~497 IAIRPORT COMMERCIAL PAPER A-8 3,277.00 5,218.34 1517 GROUP HEALTH & LIFE i 81,750.00 '1521 FLEET MANAGEMENT '.522 iMOTOR POOL CAPITAL RECOVERY [ 864,069.39 AGENDA ITt ~605 IGAC TRUST - LAND SALES 27.75 No. 778 iPELICAN BAY - STREET LIGHTING I 16,207.16 i i NOV 19 ZO ! ,, GRAND TOTAL I 151,639,019.85 pg.. .... EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE CARRYFORWARD FUNDING FOR THE SHERIFF'S OFFICE. OJllF.,.C.,IIY_~ To seek Board approval for carryforward funding from FY 2002 for communications equipment and system sofb,vare for the Sheriff's Office. CONSIDERATION: On October 31, 2002 the Sheriff's Office returned $372,843 in excess fees to the Board of County Commissioners. Of that amount, $192,843 represents amounts for communications equipment and system software upgrades that were not completed as of September 30, 2002. These funds need to be re-appropriated to the Sheriff's operating fund (040) in order to complete these projects, approved as part of 2002 funding. Funds are available in General Fund Reserves. FISCAL IMPACT: The net effect is zero. The Sheriff's Office returned $372,843, thereby increasing the general fund carryforward. $192,843 of these funds will be transferred to the Sheriff's operating fund and appropriated accordingly. $180,000 is returned to the Board for inclusion in the General Fund. GROWTH IMPACT: None RECOMMENDATION: That the Board of Commissioners approves the re- appropriation of funds in the amount of $192,843 for the Sheriff's Office. x :, ,..,i:' ' "'-Q'~,&ai ~ lx-¢ih:~e Director~hefifCs Office APPROVED BY Don~t~ DATE: October 31. 2002 AGENDA lIE .1~ No. NOV 1 2002 Pg. / October 30, 2002 Honorable James Coletta, Chairman Board of County Commissioners Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Re: Fiscal Year 2001-2002 Surplus Funds Dear Chairman Coletta: Enclosed please find the Sheriffs Office check #91597 in the amount of $372,843.00. This check includes "tumback" for the fiscal year based upon our preliminary_ financial reports of $180,000.00. The additional $192,843.00 is being returned due to communications equipment and system software upgrades ordered in FY02 but not completed by 9/30/02. We will be asking for this amount to be re-appropriated in FY03 in order to complete the previously approved upgrades and installations. I look forward to a continued cooperative working relationship with the Board regarding critical issues affecting law enforcement and our community. I sincerely appreciate the cooperation of the Board and the County Manager's Office in bringing, government together. Sincerely, DH:bh CC.' Don Hunter, Sheriff Collier County, Florida Board of County Commissioners Constitutional Officers James Mitchell, Clerk's Finance Director Michael Smykowski, Budget Director Crystal Kinzel, C.C.S.O. Finance Director AGENDA ITEM No. /~/;3- ~ NOV 1 9 2002 EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from October 26, 2002 through November 8, 2002 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of ali p~rchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period October 26, 2002 through November 8, 2002. Ti:i~ report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: The good.. :~nd services included in the aforementioned report have all been previously appropria~c,~ GROWTH MANAGEMENT t.l f !'.4 CT: related to this item. There is no Growth Management Impact RECOMMENDATION: 'l~:t'~ the Board of County Cop~missioners make a determination of whether thc t:.',~rckases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said p~.;'chases. Prepared By: ~/'~..~/'~ ~/~.'_~.(,~ Date: Jaffnes L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Reviewed and ~ Approved By: 15erek Johnssen General Accounting Manager Date: ~'~ ~ '"'7 .... NOV EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT AND RATIFY THE TERMINATION OF A LAWSUIT AGAINST A COLLIER COUNTY EMPLOYEE, WHICH SOUGHT REIMBURSEMENT OF A DEBT OWED TO THE COUNTY BY THE EMPLOYEE IN THE SUM OF ELEVEN HUNDRED THREE DOLLARS AND SIXTY-TWO CENTS ($1,103.62), PLUS COSTS, ON THE BASIS THAT THE COUNTY EMPLOYEE HAS FILED A CHAPTER 7 BANKRUPTCY. OBJECTIVE: That the Board of County Commissioners adopt and ratify the termination of a lawsuit against a Collier County employee, which sought reimbursement of a debt owed to the County by the employee in the sum of eleven hundred three dollars and sixty-two cents ($1,103.62), plus costs, on the basis that the County employee has filed a Chapter 7 Bankruptcy. CONSIDERATIONS: On July 30, 2002, the Board of County Commissioners authorized the institution of a lawsuit against a County employee, David Hedrich, seeking reimbursement of a debt owed Collier County by its employee, David Hedrich. After the institution of the lawsuit, David Hedrich filed a Chapter 7 Bankruptcy with the United States Bankruptcy Court, Middle District of Florida, Tampa Division, Said Ban 'kruptcy case stayed this presently pending civil action subject only to whether or not said civil action was dischargeable. After reviewing the law, it is my determination that the claim against Mr. Hedrich is dischargeable and subject to bankruptcy protection. Furthermore, since the cost of contesting the dischargeability of the debt would be nearly as much as the amount in controversy, it would not be cost effective to pursue this debt. Therefore, it is requested that the Board of County Commissioners adopt and ratify the termination of the Collier County Attorney's recommendation not to contest the dischargeability of issue and cease any further action. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners adopt and ratify the termination of a lawsuit against a Collier County employee, which sought reimburse .lent of a debt owed to the County by the employee in the sum of eleven hundred three dollars, nd sixty- two cents ($1,103.62), plus costs, on the basis that the County employee has filed a Chapter 7 Bankruptcy. Prepared by: '~ ~ '" ' ' I '~' ~ ' I¢'V -~ William E. Mountford ~ Assistant County Attorney AGENDA FfEM\ No. / ¢__~_--' N 0 V 1 9 ZtlO . Reviewed and Approved by: Chief Assistant County Attorney Date: 2 AGENDA iTEM No._ Pg._ EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 101 IN THE LAWSUIT STYLED COLLIER COUNTY V. ROBERTO BOLLT, SUCCESSOR TRUSTEE, UNDER LAND TRUST AGREEMENT DATED 1/27/86, ET AL., CASE NO. 00.2433-CA (RANDALL BOULEVARD/ IMMOKALEE ROAD INTERSECTION) PROJECT #60171. OB,]ECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the fee simple interest of Parcel 101 for the Randall Boulevard/Immokalee Road Intersection, Project #60171 in the lawsuit styled Collier Cot~nty v. Roberto Bollt, Successor Trustee Under Land Trust Agreement Dated 1/27/86, et al., Case No. 00-2433-CA. CONSIDERATIONS: On July 13, 2000, an eminent domain action was filed for the acquisition of property for a fee simple taking. On September 13, 2000, an Order of Taking was entered by the Circuit Court as to Parcel 101 fee simple interest, and on September 29, 2000, the good faith estimate of value for this parcel in the amount of $43,600.00 was deposited into the Court Registry, thereby vesting title in the parcel in Collier County. Through negotiations, the parties have reached a settlement agreement whereby the property owner will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2000-111). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $189,486.00 to be paid to the Respondent as full compensation for the property rigl',ts taken as to Parcel 101 plus attorney's fees in the amount of $48,142.38. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $194,028.38 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. c~JFISCAL IMPACT: funds are gas taxes. Funds in t,e amount of $194,028.38 are available from gas taxes. Source of GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; AGE~D,A ~T~EM ~ No. :OV 1 9 2002 Pg. ~ approve the expenditure of the funds as stated; and direct staff to deposit the sum of $194,028.38 into the Registry of the Court. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ~d,.& ; ~ Date: Heidi F. Ashton Assistant C°un2tt°7 / ~'~//2A-ff~'~x~~4~' Date: EdWard J. Karq~/, ~?ransponation ~[ati~s Director ~ Date: N~ ~er7 Adm(ni~trator Tra~spo~ation Division David C. Weigel County Attorney /v/zz / 0z_ AGENDA ITEM ,.., NO. 1..~ ~ ~ · ...,,, /,~ . . (..,,,,..~ IN THE ciRcuIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT,., '; IN AND FOR COLLIER COUNTY, FLORIDA . .:' CIVIL ACTION e',.,/.:,_. COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Vo Petitioner, ROBERTO BOLLT, Successor Trustee Under Land Trust Agreement Dated 1/27/86, et al.. Case No.: 00-2433-CA Parcel No.: 10! Respondents. STIPULA TED FINAL JUDGMENT NO. t t,, le' c>'.- NOV 1 9 2002 payment for the property interests taken and for damages resulting to the remainder, 1 THIS CAUSE having come bc!'are the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, ROBERTO BOLLT, Successor Trustee Under Land Trust Agreement Dated 1/27/S(,, for entry of a Stipulated Final Judgment as to Parcel No. 101, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Pe:i:ioner is the full compensation due Respondent, ROBERTO BOLLT, Successor Trustee Under Land Trust Agreement Dated 1/27/86, and the Court being otherwise fully advised in the premises thereof, it i~ thereup n ORDERED AND ADJUDGED that Respondent, ROBERTO BOLLT, Successor Trustee Under Land Trust Agreement Dated 1/27/86, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of ONE HUNDRED EIGHTY NINE THOUSAND FOUR HUNDRED EIGHTY-SIX AND 00/100 DOLLARS ($189,486.00) for Parcel No. 101 as full entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that Respondent, ROBERTO BOLLT, Successor Trustee Under Land Trust Agreement Dated 1/27/86, receive from Petitioner as a reasonable attomey's fee the sum of FORTY EIGHT THOUSAND ONE HUNDRED FORTY-TWO and 38/100 DOLLARS ($48,142.38); it is further ORDERED that Respondent, ROBERTO BOLLT, Successor Trustee Under Land Trust Agreement Dated 1/27/86, waives any non-monetary benefits associhted with this Stipulated Final Judgment; it is further ORDERED that Petitioner shall deposit an additional ONE HUNDRED NINETY-FOUR THOUSAND TWENTY-EIGHT and 38/100 DOLLARS ($194,028.38) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment: it is further ORDERED that the Court reserves jurisdiction to award expert fees and costs as to Parcel No. 101; it is further ORDERED that the Com't reserves jurisdiction to apportion and disburse the award of ONE HUNDRED FORTY-FIVE THOUSAND EIGHT HUNDRED EIGHTY-SIX and 00/100 DOLLARS ($145,886.00) referred to above; it is further ORDERED that the Clerk of this Court shall disburse the total amount of FORTY EIGHT THOUSAND ONE HUNDRED FORTY-TWO and 38/1.00 DO~_LARS ($48,142.38) to BRIGHAM MOORE, LLP TRUST ACCOUNT, c/o Jackson H. Bowman, Esquire, 100 Wallace Avenue, Suite 310, Sarasota, Florida 34237 for attorney's fees; it is further ORDERED that Petitioner agrees to modify its construction plans for Project No. 60018, the four-laning of Immokalee Road, to include a directional median opening (southbound left lane) and turn bay no closer than 660 feet northeast of the center of the intersection of Randal~L~"~.._. i 2 1 2002 Immokalee Road. The County will construct the directional median opening and turn bay provided Respondent pays to the County an amount equal to the County's estimated cost to construct and redesign the directional median opening and turn bay by December 1. 2002. Respondent, ROBERTO BOLLT, Successor Trustee Under Land Trust Agreement Dated 1/27/86, shall pay an additional amount equal to the actual construction costs and redesign costs of the directional median opening and turn bay within sixty (60) days of receiving the actual cost if it exceeds the estimate. However, after initial construction, Petitioner may close the directional median opening based on reasonable documented ~;afety and/or capacii, y measures; it is further ORDERED that Respondent, ROBERTO BOLLT, Successor Trustee Under Land Trust Agreement Dated 1/27/86, shall be entitled to one (1) driveway connection on Randall Boulevard no closer than 500 feet to the intersecting center lines of Immokalee Road and Randall Boulevard; it is further ORDERED that title to Parcel No. I01, fee simple interest, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 13, 2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2698, Page 556 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 101; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefor AGEN~ NOV 1 9 2002 pg .... ~ of DONE AND ORDERED in chambers at Naples, Collier County, Florida, this ... , 2002. day Conformed copies to: Heidi F. Ashton, Esquire Jackson H. Bowman, Esquire Florida International Fidelity Investment Corp. Orangetree Community Association, Inc. Citrus Greens at Orangetree, Inc. Orangetree Homeowners Association, Inc. Springhill of Collier County, Inc. Hollywood Enterprises, Inc. E. Glenn Tucker, Esquire Bookkeeping CIRCUIT COURT JUDGE JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel No. 10l. Dated: '"~ ~"- --~I'-ACKSON~H. BOWMAN, ESQUIRE Florida Bar No.: 143715 BRIGHAM MOORE, LLP 100 Wallace Avenue, Suite 310 Sarasota, Florida 34237 (941) 36.5-3800 - Telephone (941) 952-1414 - Facsimile ATTORNEY FOR RESPONDENT Dated: HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER h:Lit\EmDom~BolltXSFJ-Pl 01 4 AGENDA ITEM.~ 1 9 2002 Fee Simple Dcsa'lpdon of pm of Section 22, Township 4a South, Range 27 East Collier County. Florida (Pdlht of Way TakJq) PROJECT; 60171 PARCEL -' 101 FOLIO: 00210440007 ['8B 3 All that pa~ of Section 22, Township 48 South, I~nlc 27 ~ Collier Count, Florida ~lns mo~ p~i~l~ly d~b~ u follo~: Co~cnclng It thc southe~ comer ofS~lion 22, To.ship 48 South, ~gc 27 ~&; · · cn~ iloq thc c~t line or.Id S~tian 22, $ou~ ~o00'02" W~ I 1.83 f=ct to i ~lfll fi0 feet no~ of~d ~llcl to ~e ~ linc of Oold~ Gate ~lalek Unit 2] u ~ In PI~ b~k 7, Paso 9, Collier Coun~ Public R~r~ ~d a ~lnl on ~c no~h I1~ of E~dali Doulc~d; · en~ ilea8 tho no~ linc of R~dall Boulcv~d No~ [8'09' I 1" W~ 1241.60 [e~ lo the Point of BosinnJq of ~ ~1 h~in d~b~; · ~ ~ntln,inS al~[ s~d linc No~ 88'~'! 1' W~ 3B6.17 f~ ~ a ~lnt of~re; · ~ loving said no~ linc no~ly 133.90 f~ ~[ ~ ~ cfa ~acnllal ~rcul~ ~e con~ve ~ly. havln[ n ~i~ ofS0.~ f~l ~mu~ a ~ ~Slo of IS3~6'1~ ~d bolas ~d~ by a ~ ~lch ~ N~ I I~Y~3* We~ ~7J3 f~ lo a ~t ~ ~e ~u~3y d~l.of~y line ofl~o~ · ~ Mo~ Mid ~u~y d~l~f-~y line no~ly 219.~ fm ~onE ~e ~c oft ci~l~ ~ ~n~ no~y, hav~ a ~1~ 0f2~14.92 f~ ~u~ a ~ ~S~ of ~*1~'02" ~d ~lnS ~biend~ ~ n cho~ ~i~ ~ No~h 63~'41", ~ 219.~ f~t; · ~e l~v~nS ~d linc Sou~ 4~3~'lo' W~ 20.8~ f~; - ' ' P~cd ~m~l~ I,~ a~ mo~ or I~. ~lfl~,te o r au~od~on ~LB~ 3. Rqlslcr~d Eqln~ ~d ~d 4~ Profflslon~'l seal. Roi 30, idl5 W.O.: 65000-002-002-FLHRW Date: FEBRUARY 21:2000 AGENDA ITEM ~ NO. ~ C;;:", NOV 1 9 2002 NOV 1 9 2002 EXECUTIVE SUMMARY ACCEPTANCE OF PAYMENT OF PREVIOUSLY UNPAID EDUCATION, COMMUNITY AND REGIONAL PARKS AND LIBRARY IMPACT FEES FOR BENTLEY VILLAGE AND EDUCATION IMPACT FEES FOR ENCORE SENIOR LIVING AND APPROVAL OF REFUNDS DUE TO FACILITIES. OBJECTIVE: To obtain Board of County Commissioners acceptance of payment of previously unpaid impact fees in connection with Bentley Village and Encore Senior Living facilities and waive penalties and interest. CONSIDERATIONS: Pursuant to direction from the Collier County Board of County Commissioners, adult facilities that did not restrict school age children at the time building permits were issued or had no deed restrictions in place by the time of the issuance of Certificates of Occupancy were to be notified of and requested to pay outstanding impact fees. In all, approximately Twenty [20] collection letters have been sent. In the process of reviewing the pa3anent histories of such facilities, it was discovered that some of them owed fees to the County and some were due to receive refunds from the County. Two of these facilities are, Bentley Village, who was notified in writing on July 26, 2002 that unpaid impact fees were outstanding in the amount of One Hundred Thirty- Three Thousand, One Hundred Fifty-Six Dollars and Sixty-Eight cents [$133,156.68] and Encore Senior Living, who was notified in writing on September 4, 2002 that unpaid impact fees were outstanding in the amount of Forty-Nine Thousand, Six Hundred Twenty Dollars [49,620.00]. Staff also discovered an overpayment, in Bentley Village's case of EMS Impact Fees, of Ten Thousand Eighty Dollars and Nineteen Cents [$10,080.19] and Road Impact Fees of Sixty-Five Thousand, Six Hundred Eighty-Eight Dollars [$65,688.00], and in Encore Senior Living's case of EMS Impact Fees of Three Thousand Five Hundred Sixty-Six Dollars and Forty Cents [$3,566.40] and Road Impact Fees of Three Thousand Nine Hundred Ten Dollars [$3,910.00] for which an authorization of a refund is being requested. [See letters attached]. FISCAL IMPACT: The receipt of these funds will result in a gross recovery amount of $182,776.68. Total net to the County equals $99,532.09. (See table below). EMS Road Net Outstanding Impact Fee Impact Fee Impact Fees Facility Impact Fees Overoavment Overpayment Collected Bentley Village $133,156.68 ($10,080.19) ($65,688.00) $57,388.49 Encore Senior Living $49,620.00 ($3,566.40) ($3,910.00) $42,143.60 Total $182,776.68 ($13,646.59) ($69,598.00) $99,532.09 AGENDA IT~-M _ No. /4, ,'~' ~ NOV 1 9 ZOOZ Pg. / A total of four facilities have paid the outstanding impact fees which total gross amount of Two Hundred Forty-Two Thousand, Four Hundred Fifty-Seven Dollars [$242,457.00] and net amount after all refunds is equal to One Hundred Fitly-Three Thousand, Seven Hundred Sixty-Four Dollars and Ninety-One Cents [$153,764.91 ] GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board accept payment of previously unpaid impact fees in connection with Bentley Village and Encore Senior Living facilities. Staff further requests the Board of County Commissioners authorize a refund to the owner of the excess EMS and Road Impact Fees in the amount of Seventy-Five Thousand Seven Hundred Sixty-Eight Dollars and Nineteen Cents [$75,768.19] to Bentley Village and Seven Thousand Four Hundred Seventy-Six Dollars and Forty Cents [$7,476.40] to Encore Senior Living. Prepared by: i'~,X'~ ~{~,~,,~ J~qu~ine Hubbard Robinson P~sistant county Attorney Approved by: ,/_~ _/,(/~_~ff d"~/~~ David C. Weigel, Countyd,~tomey Date: Date: AGENDA ITEM NO, NOV 1 9 2002 Pg., ~ GRONEK & LATIIAM, LLP aTTORNI~YS AT LAW 390 NORTH ORANGE AVENUE, SUITE 600 ORLANDO, FLORIDA 32801 :POST OFFICE BOX 3353 O~O, FLORA 32802 ~HO~: (40~ 481-~800 FA~.~: (40~ 481-~801 TO: COMPANY: TELECOP¥ 'KRAN,%'W[! $SION COVER SHEET ~aoq~lh~ H. ~b~s~, Esq. 1-941 -'1'/~0225 ~ow ~ P~llipa 1 -~ 12-~70-2252 G~ S~ 1-3 i 2-920-fil. 15 ~?l~t~h~ 1-941-591-2402 Classic R:sidcnc¢ by Hyatt FROM: Dav/d P. Barker DATE:November 6, 2002 NUMBER OF PAGES (INCLUDING COVER SHEET): 4 CLIENT/MATTER NO.: 2704-004 MESSAGE: The informsgon contained in this facslmil¢ mcssa_~= is intended only for the personal and eOnfidentia',, use auuh ~ P~eg~ ~d confid~ U'~e ~der oft~ ~a~e is not ~e ~ten~d ~cipi~ ~ ~ a~cat ~ona~lc for dcUv~g it ~ ~c in.dod ~~ you ~ hereby no.ed ~t you ~ve ~c~ved ~s ~~. It:you bye ~ed ~ ~,~ioafion ~ ~r, plc~c n~y ~ i~mly by ml~h~e ~d m~ ~ o~al ~s~ ~ ~ ~ ~fl. Think you. IF YOU HAVE ANY QUESTIONS OK EXP~RIENCI~ ANY PROBLm~IS IN IU~CEIVINO THIS TRANSMISSION, PLEASE CAT,T. OI.~R OFFICE AT (407) 481 5800. AGENDA I-IEM ~ No. %~ NOV 1 9 2002 J(-rv P RWW-rz Crir.,I,yi Ui, H k~. IC, '~,Ay OJ' OOt~m~Z, 'GRoNrEK & LATHAM, LLP A~"I'OI~.N ~:YS AT LAW ; "November6, 2002 VIA FEDERAL EXPRES.S Mr. Phillip R. Tindall .'. Impact Fee Coordinator Collier County Government Community Devulupment ancl Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 Bentley Village/Impact Fee Dear Mr. 'rindall: Puruuant to Final Notice of Impact Fee Statement dated July 26, 2002, 'encJoaed plceso find this firm's trust account chuck in the amourlt o1' $133,183.68 tar payment, under protest, of the School, Regional Perks, Community Paris and Library impact fees for the Bentley Village I=xpansidn. BenUuy Village believes that Bentley Village received a valid exemption from payment of the~o impact fees at the time the buildi~g permits were issued in lgN[~ and that the County's reassessment of these impact fcea against Bentley Village is improper under applicable law. '~lotwithmandmg that fact, Bentley Village has agreed to make payment at this timu, under protest. with a reservatlorl of dghts to seek a refund of these impact fees. ThiB letter will also confirm the conversation ! had with Jucqueline Robinson yesterclay, wl~em, hy she stated that if this payment were rocoived by the County this week, that she Would imsure that County staff woulcl re.r~mmend the Board authorize payment of the total refund due Bentley Village of $75,741.19 und that such Item would be placed on the Consent Agenda for the Board's meeting on November 19, 2002. The enolosud payment woulcl not he made but for the representation of Jacquelin6 Robinson that the authoHr..ation of paymunt of the re~urld Wbuld be AGENDA ITEM NOV 19 2002 Mr. Phillip R. Tindall November 6, ;~()02 Page 2 heard by the Boord et that.meeting and that staff would recommend to the Board that the refund be paid .immediately to Bentley Villogc. Pleas~ advise me as ~00n as possible tn confirm that this matter has been sot ~or the Agend= for the November 19, 2002 metUriu. DPB:keb 'cc: Jacqueline Robinson, Esq. Matthew K. Phillips, Esq. Mr. Gary ~mith Mr. Alan Fletcher (All via facsimile) AGENDA ITEM ..-.. NO. ~ NOV I 9 2O02 Pg, _~ Bank ol'Anmrlca IOTA Impact Fee/DPB ~70a-o04 riONEK & LATHAM, LLP I~rj TRUST ~,C:C:OUNT - Co[licr County FJrmnciul A~mlnlaraUon 2704:004 11/(3/2002 133.183 8015 03.08 Bank of Americ~l iOTA Ir~oe~ Feo/DPB 2704-004 AGENDA Il'EM.--, NO. ~ NOV 1 9 2002 Pg. (~ 133,183 TO: GRONEK & LATHAM, LLP ATTOR~hY~ AT LAW ~90 NORTH ORAN~ AVENt~., gT1TT'E O~O, ~A 32801 POST O~ICM 0~0, ~LO~A 3~802 ~.~,gCOPY T~S~SSION CO~R S~ET Jacqucline It. Robinson, E~q. Mr. Gary Warren Randi l~lathattson, Esq. David P. B'azk=z, Esquir~ 1-941-774--0225 1-503-261-6333 1-206-623-173 8 DATE: November 6, 2002 ~¢LYMRF. R OF PAOES ~CL~G CO~R S~: C.~~~R NO.: 27~004 CO~TS: The information cu. tulucd in this faesim'lc IlI~nnDe ia ;ntended onlv fbr ~he per~n~nl anti cnnfiden~ial ~qe ufflJc fl~a~ ~pi~t(sl n~ed ~o' ~. ~ mesn~ ~ybe an ~nmey-c~t co~tcafio~ told ~ ~ch ~ p~e~ed ~d ~dengal. lf~ ~ of~i~ mes~c B ao~ ~ ~u~ ~¥i~g ~ ~ ag~t re.s~nn~hle tbr dehv~g it ~ ~c ~cd ~ipi~ ~ ~ h~by no~ed ~t you ~ve ~c~ved ~s document ~ ~ ~d ~t ~y t~vi~, ~s~;-afio~ ~m~on ~ cop~g of ~ ~sage is s~lv ~ YOU ~ ~ QU~$'.IIONS OR ~~~ ~ PKOBL~S ~ ~~G ~S ~S~SSION, MLMAS~. CALL O~ O~ AT (40~ 481-J800 NOV 1 9 2002 Pg. ~ GRONEK & LATHAM, LLP ATTOKN'EY$ AT LAW C'H Kl.~'~.B~t ~. It, Ay OF COUI4.~L ::l~,~J NUICI'N. UKANUE AYENUP.., SUrrE 600. Onl..~NT~. PLO~ZDA. 31101 eO~T OFI'IC:~ BOX OI~[,ANDO, ~R~A 32~02 r~lM~ (~ 481.S8oI W W w ~AVTO P. BAILK~, NovemberS, 2002 VIA FEDER~LEXPRESS Mr. Phillip R. Tindall Impact Fee Coordinator Collier County Government Community. Develol~mur~[ and Environmental Services Division 2800 North Horseshoe Drive Naples, FL .'641(14 Re: Encore Senior Village Naples ("ESV Naples")/Impact Fee Dear Mr. Tindall: This law firm represents ESV Naples. Pursuant to Final Notice of Impact I-es Statnmnnt dated September 4, 2002, enclosed please rind [he Encore Senior Living check In las amount of $49,620.00 for payment, undcr protest, of the School impact fees for CSV Naples. ESV Naples Delleves that ESV Naples received a valid exemption from payment of these impact fees at Um lime the building permits were Issued In 1999 and tlqat the County's roasscsament of these impact fees against ESV Naples ia'improper under applicablt~ law. Notwithstanding that fact, ESV Naples has agreed to make payment at this time, under protest, .wit~ a reservation of rights to seek a refund of these impr :t fees. This I~.tier will also confinu the conve~atior, I had with Jacquellne Robinson yesterday regarding Bentley Village for a similar mattor, whomby she stated Ret if payment were reGeived by the County this week, that she would insure that County staff would recommend tho Board authorize payment of the total refund due Bentley Village. I undemtnnd that this would also be true for. ESr Naples. ESr Naples is due a refund ul' $7,476.40, and such Item can be placed on the Consent Agenda for the Board's mooting on November 19, 2002. The enclosed payment would not be made but for ESV Naples' understanding that the authorization of payment of the refund AGENDA ITEM NO. IL, NOV 19 2002 pg. Mr. Phillip R. Tindall November 6, 2002 Page 2 would be heard by the Board at that meeting and th..at Rt~tt would recommencl to the Boarcl that. the refund be paid immediately tn E,'-;V Naples. Please advise me es. soon ea possible to confirm that this matter has been set for the Agonda for the November lg, 2002 meeting. DPD:kab ~' cc: Jacqueline Rc~binson, Esq. Mr. Gary Warren Randl Nathanson. Escl. (All via facsimile) AGENDA ITEM ,-~ NO. NOV 1 g 2002 .. .."': ..~.. ,- .~ .".:'. '. '-'.' "..'~ .:..' ." .".":'.'i. '.' .'".~n'. ~ · . .-...". ..... .. ' ',~ '. ~ · ..~ "..' .-'...,,i: .--. ........ .......... .......... .-~........ ,~ ~ · :. ~.... .~ .· ....~ .... . · .... '~. .- . ,~ .~'.. ...-~ " " ' ~,'' ' ".~" .... i~'" ' ' '"~' ~ · .. :'. .... .....,;.... ..~,.. . .:'~..'.'~.'.- ,~ _~ · .~...:.-.....--.'-.~:.' . ? ,~..-. '.-~:..,:,..,...-...,....~...~ .. . · ...,~ · .~ ." E3~.~ ..... .... · ':. "-"~i' '. :..~:.~i ' ~' .. '. ==~..':'i:-' '~-..~ . .' .... ~". "'~.' ..."~0:~.:',' ,."I "' '*~ ~" '~ .'' ' ~.~l~'" ""- ~ · . :..-..'~.' ' · ~4' . ..' , '........,-~.E.~...~ 'C~r~.,.: ~'..I .:.':..'..: ~.q..~.~.... ::~:§:~.~.'.'.~.I . ,~ .~ ~: ' :..~ .... ~'~'.r,T.l.~',m .".-m .~ .' ':. ".'~ '~-~. '{5 '.'. :.._~-'0...., '--'~ :' '. ' '' '.: ~. '. I~lr~l~'.~ · ~ -m · · · , ,.' ·· ....'.. ~z~ .... ~m : I II~ ~ '. '.'o~:=~- '..'1 I II.:. ';~ .. ~ ~ ~--.-: "'I ~"'.," '"' i' · ~,i1'5M I II ~ ~o~ .No._~ ' ' ' I% -O'n~-.0 ' · ·~---'· , ----". ~.nv, ~ 200, ~. ~0 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 132 IN THE LAWSUIT STYLED COLLIER COUNTY V. JAMES R. COLOSIMO, TRUSTEE UNDER UNRECORDED LAND TRUST AGREEMENT DATED 12/10/92, ET AL., CASE NO. 00-0138-CA (PINE RIDGE ROAD PROJECT #60111). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the fee simple interest of Parcel 132 for the Pine Ridge Road project in the lawsuit styled Collier County v. James R. Colosimo, Trustee Under Unrecorded Land Trust Agreement Dated 12/10/92, et al., Case No. 00-0138-CA. CONSIDERATIONS: On April 6, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Pine Ridge Road project (Project No. 60111). On April 20, 2000, Collier County deposited with the Registry of the Court the sum of $42,900.00 for Parcel 132 in accordance with the Order of Taking. The County's last offer dated July 21, 1999 is in the amount of $36,300.00. Through negotiations, the parties have reached a settlement agreement whereby the property owner will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-228). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $69,340.95 to be paid to the Respondent as full compensation for the property rights taken as to Parcel 132, and $10,903.51 to be paid to David W. Rynders, Esquire as attorney fees. The Stipulated Final Judgment provides that Collier County shall deposit an additional amount of $37,344.46 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FDIS_CAL' Funds in the amount of $37,344.46 will come from Road Impact Fee istrict ~ IM.~P~ACT:Re,.ervcs. / budget amendment is needed to transfer the money from reserves into Project 60111. Source cf funds are impact fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; Pg. ~ approve the expenditure of the funds as stated; direct staff to deposit the sum of $37,344.46 into the Registry of the Court; and approve the necessary budget amendment. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney Date: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Ewing McMichael, Project Manager Gregg Strakaluse, P.E., Director Trans' >ortation/ECM Tram n E. Fedcr, Administrator ~ortation Division David C. Weigel, County Attornt'5, Date: Date: Date: Date: , / AGENDA _j_~. NO. NOV 1 9 2002 Pg. ,~. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the state of Florida, Petitioner, VS. JAMES R. COLOSIMO, TRUSTEE under unrecorded Land Trust Agreement ~ated 12/10/92, et al. ~ Responden}s. CASE NO.: 00-0138-CA PARCEL: 132 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner and Respondent, FRANK CLESON & SONS, INC., for entry of a Stipulated Final Judgment as to parcel 132, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, FRANK CLESON & SONS, INC., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that the Respondent, FRANK CLESON & SONS, INC., has and recovers from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Sixty Nine Thousand Three Hundred Forty and 95/104. Dollars ($69,340.95) for parcel 132, as full payment fOr the property interest taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcels, it is AGENDA IIEM NO. ~ NOV 1 9 2002 ORDERED that David W. Rynders, Attorney at Law, shall recover attorney fees in the amount ofTen Thousand Nine Hundred Three and 51/100 Dollars ($10,903.51). ORDERED that the Petitioner shall deposit an additional Thirty Seven ThoUsand Three Hundred Forty Four and 46/100 Dollars ($37,344.46), subject to the approval of the Board of County Commissioners, into the reg/stry of this Court within 45 days from the date of the Stipulated Final Judgment; which represents the sum of Twenty Six Thousand Four Hundred Forty and 95/100 Dollars as the settlement proceeds for parcel 132 and Ten Thousand Nine Hundred Three and 51/100 Dollars ($10,903.51) for attorney fees; and it is further ORDER.ED that the Clerk of this Court shall disburse the sum of Eighty Thousand Two Hundred Forty Four and 46/100 Dollars ($80,244.46), less any amounts previously paid, to Trust Account of David W. Rynders, Attorney at Law and forward same c/o David W. Rynders, Esquire, 305 Wedge Drive, Naples, Flor/da 34103. Upon receipt, the Trust Account of David W. Rynders, Attorney at Law shall disrr/bute said sum, in accordance with the provisions of this Stipulated Final Judgment, and it is further ORDERED that title to parcel 132, fee simple, as being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated April 6, 2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; and it is further ORDERED that no other fees or costs shall be awarded in connection with the above- styled cause of action as it relates to Parcel 132; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Flor/da. AGE.N,D~ ly~.M ~ No. tl a__2zt 2 NOV 19 2002 DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of October, 2002. Circuit Court Judge Conformed copies to: Joe W. Fixel, Esquire Heidi Ashton, Esquire Bookkeeping David W. Rynders, Esquire AGENDA ITEM ~ · NO./~.1~ "! NOV 1 9 2002 Pg. ~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORDA COLLIER COUNTY, FLORIDA, a political subdivision of the state of Florida, Petitioner, VS. JAMES R. COLOSIMO, TRUSTEE under unrecorded Land Trust Agreement dated 12/10/92, et al. Respondents. : CASE NO.: 00-0138-CA : PARCEL: 132 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner and Respondent, FRANK CLESON & SONS, INC., hereby stipulate to the foregoing Stipulated Final Judgment as to Parcel 132. David W. Rynders, Esquire./' Florida Bar #129235 Attorney at Law 305 Wedge Drive Naples, Florida 34103 Telephone: (941) 434-8370 Facsimile: (941) 434-8310 Attorney for Respondent Joe W. Fixel, Esquire Florida Bar #192026 FIX.EL, MAGUIR. E & WILLIS 211 South Gadsden Street Tallahassee, Florida 32301 Telephone: (850) 681-1800 Facsimile (850) 681-9017 and Heidi F. Ashton, Esquire Florida Bar g0966770 Assistant County Attorney Collier County Attorney's Office 3301 East Tamiami Trail Naples, Florida 341124902 Telephone: (941) 774-840~" Facsimile: (941) 774-0225 Attorneys for Petitioner AGENDA ITEM~ · NO. I NOV 1 9 2002 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI~TRAIL NAPLES, FLORIDA 34112 · . ; (941)774.8192 £ee simple title LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO ....................... (~.Z~..~../..~... PROJECT PARCEL NO ...... [....l~..,~. .... TAX PARCEL NO.3..8,,~A.6,.,2..~9..0,.,O,..2. ....... A PORTION OF TI{ACT ')2 OF TIlE I'LAT TI IEI~,EOF, GOLDEN GATE ESTATES UNIT AS I~ECOIU~ED IN PLAT BOOK '/, PAGE I15, OF TIlE PUBLIC [U3COIU)S OF COLLIER COUNTY, FLOfUDA AND BEING MOEE PARTICULARLY DESCrUBED AS FOLLOWS; CONIMENC[NG AT TIlE SOU]I{EAST CORNel{ OF SECTION ?. TOW~SIIIF [tAHOE 2.6 EAST; THENCE SOLrTt! 8D DEGREES 37 MINUTES 34 SECONDS WEST, ALONG THE SOUTIi LINE OF SAID SECTION 7, A DISTANCE OF i$$g.2~ FEET; TtI.ENCE NOR'TI[ 0 DEGREES 25 MINUTES 33 SECONDS WEST, A DISTANCE OF 54.71 FEET °!'O TltF. POINT OF BEGINNING; THENCE'NORTI! 87 DF. GIt, ESS SECONDS EAST, A DISTANCE OF 330,19 FEET; TItENCE NORTH 0 DEGREES MINUTES 7.8 SECONDS WEST, A DISTANCE OF 20,0Z FEET; THENCE SOLrrl[ 87 DEGItJ[_ES 20 MINUTES 08 SECONDS WEST, A DISTANCE OF 330,17 FEET; THENCE SOU'Ilt 0 DEGREES 26 MINUTES 33 SECONDS EAST, A DISTANCE OF 20,02 FEET TO TILE POINT OF BEGINNING; SAID DESCrUEED TP.J~CT COHTAINING 0.15:Z ACRE (6,605 S(~UAI'LE FEET), MOI',.E Git LESS. BASIS OF BEAJtJNGS IS THE SOUTH LINE OF SAJD SECTION 7 BEIHG SOUTH 85 DEGItEES 37 MINU'I~ES 34 SECONDS WEST, PARCEL 137- AGENDA ITEM .~ NO. IIO_~ W . -I NOV 1 9 2002 pg. 7 PREPARED B ........ DATE,.~ 4~' GEORGE R. RICI~IOND ' PROFESSIONAL LAND SURVEYOR-FL, REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC t~ORIfS ENGINEERING ,.3301 EAST TAMIAMI TRAIL NAPLES, ..... (941) 774'-[3192 DEPARTMENT FLORIDA 54-112 SKETCH OF DESCRIPTION TRACT 77 --.] LIV1NOSTON WOODS DRIVE (STH AVE. S.W.) g2 ~ O TRACT 95 g.87'20'O.8,"W,--~ /-7 N.87'20'OS"E. 330.19\ /' 330.1g' \ / /-- 20,02' , ~ / / Southeos[ corner 20,02-.. \ / /6§,11' or Section 7, ,--P,DC '"'""'- .' '// f Twp., 49 S., / ' ' ./ . - . / Rge. 26 E. I/ PD]~ " ! 52994' · PREVIOUSLYJ'~ 15o' R/W ACQUIRED GENERAL NBTES E) P.O.~. Indicates Point oF Ueglnnlng EX IT 3) Sec. Indicates Sec*Ion 4) Twp. Indlca*es Township 6) R/~ Indlco~es Right-oF-way . B)Basis oF deorlng~ Is the Sou*h tine of Sec*Ion 7 as beln9 S.89'37'34'V. 9)No* v~Ud untess signed and sea~ed with the eRbosse) seat oF the pro?esslonal rand surveyoe ) ' _. ~-~ THIS IS ONLY A SI(ETCH EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 171 IN THE LAWSUIT STYLED COLLIER COUNTY V. ISMAEL GONZ~4LES, ET ~4L., CASE NO. 02-2159-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the fee simple acquisition of Parcel 171 for the Immokalee Road, Phase One project in the lawsuit styled Collier County v. Isrnael Gonzales, et al., Case No. 02-2159-CA. coNSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisi.tion of Parcel 171 for the Immokalee Road project (Project No. 60018). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of $10,100.00 for Parcel 171 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-125). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $11,500.00 to be paid to the Respondents as full compensation for the property rights taken as to Parcel 171. There are no attorney fees or other cOStS. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $1,400.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable.  ,4rISCAL IMPACT: Funds in the amount of $1,400.00 are available in the Gas Tax fund. Source . of funds are gas taxl ~GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and AGENDA ITEM NO. '5 NOV49 2002 Pg. ~ 3. direct staff to deposit the sum of $1,400.00 into the Registry of the Court. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney Date: REVIEWED BY: ~ /~. ~.-.- Date: {~L.~mn ~T'horpe, Principal Project Manager Transportation Utilities & Engineering Dept. REVIEWED BY: REVIEWED BY: APPROVED BY: David C. Weigel, County Attod~ey Date: Date: AGENDA iTEM NO. t~ ~-',,:'5__ NOV 1 ~ 2002 PII. ~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. ISMAEL GONZALES, et al., Respondents. Case No.: 02-2159-CA Parcel No.: 171 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY. FLORIDA, by and through its undersigned counsel, and Respondents. ELVIN TORRES and PASQUAL TORRES, for entry of a Stipulated Final Judgment as to Parcel No. 171. and it appearing to the Court that the parties are authorized to make such Motion. the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, ELVIN TORRES and PASQUAL TORRES, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND At IUDGED that Respondents, ELVIN TORRES and PASQUAL TORRES, have and recover from Petitioner. COLLIER COUNTY, FLORIDA, the sum of Eleven Thousand Five Hundred and No/100 Dollars ($11,500.00) for Parcel No. 171 as full · AGENDA ITFM NO._ NOV 1 Z002 payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that no attorneys fees, appraisal fees or other costs shall be awarded Respondents ELVIN TORRES and PASQUAL TORRES in connection with the above cause of action as it relates to Parcel No. 171; it is further ORDERED that Petitioner shall deposit an additional One Thousand Four Hundred and No/100 Dollars ($1,400.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that the Clerk of this Court shall disburse the total amount of Eleven Thousand Five Hundred and No/100 Dollars ($11,500.00), less any amounts previously paid for the benefit of Respondents. bv further Order of this Court; it is further ORDERED that title to Parcel No. 171 ,' being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 5, 2002. and the deposit of monev heretofore made. are approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3047, Page 503 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 171; and it is further ORDERED that this Stipulated Fi tal Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this AGEND4 I,T~M NO. ~ NOV ! 9 2002 day of ,2002. conformed copies to: Heidi F. Ashton, Assistant County Attorney Elvin Torres, Respondent Pasqual Torres, Respondent Hugh D. Hayes Circuit Court Judge JOINT MOTION;~OR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated F~in ],udg~nent. E},VlN TORRES ~327 W. Pensacola Ave. Ch~saeo2IL 60618 (773~5-2592/ ~ PASQUAL TORRES 3327 W. Pensacola Ave. Chicago, IL 60618 (773) 463-2592 Dated: HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (941 ) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner Respondents H/Public/LiffED/Operfflmmok 1/Gonzales/S FJ-Torrcs AGENDA NOV 1 fl 2002 p~. ~- C ..et"C~/t '~ .OI..6LOO N .L1r'91~ q .OL,6~O0 N · No. _~__-%- N0V 19 2002 EXECUTIVE SUMMARY PETITION: PUDA-2002-AR-2566, ROBERT MULHERE OF RWA, INC. REPRESENTING J.E.D. OF SOUTHWEST FLORIDA, INC. AND COLONY CORPORATE CENTER, INC., REQUESTING AN AMENDMENT TO THE "PELICAN MARSH" PLANNED UNIT DEVELOPMENT (PUD), FOR THE PURPOSE OF INCREASING THE ALLOCATION OF MEDICAL OFFICE SPACE ALLOWED FROM 9,000 SQUARE FEET TO 26,000 SQUARE FEET WITHIN THE APPROVED OVERALL GENERAL OFFICE LEASABLE FLOOR AREA OF 295,888 SQUARE FEET FOR PROPERTY LOCATED NORTH OF VANDERBILT BEACH ROAD (C.R. 901) AND EAST OF LIVINGSTON ROAD, IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND SECTION 31, TO\VNSttlP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. DOA-02-AR---,.,, COMPANION ITEM: ~ '~': .. OBJECTIVE: This petition seeks to amend the Peri ~ :~: ~larsh Planned Unit Development (PUD) as noted above due to "evolving market conditions" and :o make sure that the project is consistent with all the applicable codes and regulations in order to ens'~:' ~. :hat the community's interests are maintained. CONSIDERgTIONS: On May 25, 1993, the Board of Country Commissioners adopted Ordinance Number 93-27, which approved the 2,214-acre Pelican N,'larslu PUD/DRI. In 1995, the PUD/DO was amended to allow for 500,000 General Floor Area (GFA) of retail and 350,000 GFA of general office, of which 100,000 could be medical office. In 1997. ~he PUD was again amended, reducing the general retail GFA to 300,000 and the general office GFA ~o 200,000, of which 50,000 could be medical office. In May of 1999, both the PUD and DO were amended to increase the GFA for general retail to 395,000. As part of this amendT~ent, while the total allowable GFA of general office remained at 200,000 square feet, the maximin amount of the GFA that could be medical office was reduced from 50,000 to 25,000. Finally, in December of 1999, the PUD and DO were again amended to reduce the maximum GFA of general retail from 395,000 to 381,000; to increase the maximum general office from 200,000 to 295,800 and to reduce the maximum amount of medical office from 25,000 to 9,000 GFA. It was during the last amendment process that the phrase "office commercial use, with up to 9,000" was inadvertently left out of the DO, resulting in a conflict between the DO and the PUD NOV 1 9 2002 EXECUTIVE SUMMARY PETITION: PUDA-2002-AR-2566, ROBERT MULHERE OF RWA, INC. REPRESENTING J.E.D. OF SOUTHWEST FLORIDA, INC. AND COLONY CORPORATE CENTER, INC., REQUESTING AN AMENDMENT TO THE "PELICAN MARSH" PLANNED UNIT DEVELOPMENT (PUD), FOR THE PURPOSE OF INCREASING THE ALLOCATION OF MEDICAL OFFICE SPACE ALLOWED FROM 9,000 SQUARE FEET TO 26,000 SQUARE FEET WITHIN THE APPROVED OVERALL GENERAL OFFICE LEASABLE FLOOR AREA OF 295,800 SQUARE FEET FOR PROPERTY LOCATED NORTH OF VANDERBILT BEACH ROAD (C.R. 901) AND EAST OF LIVINGSTON ROAD, IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. COMPANION ITEM: DOA-02-AR-2567 OBJECTIVE: This petition seeks to amend the Pelican Marsh Planned Unit Development (PUD) as noted above due to "evolving market conditions" and to make sure that the project is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: On May 25, 1993, the Board of County Commissioners adopted Ordinance Number 93-27, which approved the 2,214-acre Pelican Marsh PUD/DRI. In 1995, the PUD/DO was amended to allow for 500,000 General Floor Area (GFA) of retail and 350,000 GFA of general office, of which 100,000 could be medical office. In 1997, the PUD was again amended, reducing the general retail GFA to 300,000 and the general office GFA to 200,000, of which 50,000 could be medical office. In May of 1999, both the PUD and DO were amended to increase the GFA for general retail to 395,000. As part of this amendment, while the total allowable GFA of general office remained at 200,000 square feet, . the maximum mnount ot she GFA that could be medical office was reduced from 50,000 to 25,000. Finally, in December of 1999, the PUD and DO were again amended to reduce the maximum GFA of general retail from 395,000 to 381,000; to increase the maximum general office from 200,000 to 295,800 and to reduce the maximum amount of medical office from 25,000 to 9,000 GFA. It was during the last amendment process that the phrase "office commercial use, with up to 9,000" was inadvertently left out of the DO, resulting in a conflict between the DO and the PUD f 9 2002 3.. FISCAL IMPACT: This amendment is only to provide greater flexibility in meeting the needs of the current market seeking medical office space in the Pelican Marsh Activity center. This includes the following comparisons of approved development to the proposed land uses for portions of the Pelican Marsh PUD/DRI: LAST REVISED DEV. ORDER NOPC AMOUNT OF INCREASE OR DECREASE TOTAL ACRES: RETAIL COMMERCIAL: *GENERAL/MEDICAL OFFICE: HOTEL ROOMS: 80 80 0 381,000Sq. Ft. 381,000Sq. Ft. 0 295,800Sq. Ft. 295,800Sq. Ft. 0 450 450 0 Of the 295,800 square feet of General Office allocation, the Medical Office allocation will increase from 9,000 square feet to 26,000 square feet. This represents a reallocation of 17,000 square feet of floor area. Therefore. based on the above referenced increase in intensity, this amendment by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. The increase in medical office GFA will result in higher impact fees for new developments within the activity center due to a slight increase in the frequency distributions factors of medical office compared to general office In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The subject property is within the Pelican Marsh Activity Center designation as identified on the PUD Master Plan. The site is within the designated Mixed Use Activity Center # 11 Sub-district as depicted on the Future Land Use Map of the Grox th Management Plan (GMP). The Mixed Use Activity Center #I 1 Sub-district is designed to concent, rte commercial activities into areas where traffic impacts can be 'accommodated, avoid strip or disorganized patterns of commercial development and to create focal points within the community. As an approved PUD, Pelican Marsh was previously deemed consistent with the Future Land Use Map (FLUM) designation. Approval of this amendment will not have an adverse impact on the GMP. The proposed amendment will result in changes within the 80-acre Pelican Marsh Activity Center designation as identified on the PUD Master Plan. The resulting increase in medical office space will result in a total 1.2 percent increase in daily trips for the activity center, a level below the established threshold for impact. AGEF40^ rf'~ NOV S 200 p~. Z HISTORIC/ARCHAEOLOGICAL IMPACT: The Pelican Marsh PUD has been determined to be located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. ENVIRONMENTAL ISSUES: The Environmental Review Staff has recommended approval as submitted since the project will not have an effect on the 330 acres of existing preserve area which is also designed to accommodate a full range of conservation and limited water management uses and functions. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Since the Environmental Impact Statement (ELS) is less than 5-years old and that the proposed change will not impact wetland areas, this petition was not required to go to the Environmental Advisory Council (EAC). COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on October 3, 2002. By a 9 to 0 vote, the CCPC forwarded Petition PUDA-02-AR-2566 to the Board of County Commissioners (BCC) with a recommendation of approval. The Planning Commissioners found that this petition is consistent with the Growth Management Plan (GMP) and is compatible with the surrounding development. It should be noted that no one spoke in opposition to the petition during the public hearing. However, one person spoke concerning the amount of medical office space currently leased within the PUD. His concern was that the commercial tracts that have been developed do not have sufficient parking. Staff indicated that an Occupational License would not be issued until the developer provided the required amount of parking for any proposed use. Contrary to the statements made during the CCPC meeting, the medical office space approved within this PUD already exceeds the 9,000 square foot limit. There was extensive discussion amongst the Planning Commission members concerning the PUD monitoring practice for this PUD, as well as all existing PUD throughout the county. The Planning Comaaission c )ntemplated including language within this PUD to increase the monitoring requirements, but based upon discussions with staff and representatives of the County Attorney's office, decided to address the requirement uniformly during the next LDC cycle. As a result of the unanimous vote this petition is placed on the Summary Agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDA-02-AR-2566 as otherwise described Ordinance and PUD Document included in this Executive Summary. ,y the amending AGENOA IT~ NOV 1 9 2002 PREPARED BY:. \ RAYMOt~D BELLOWS, CHIEF PLANNER CURRENT PLANNIN;,,G SECTION lo' DATE REVIEWED BY: S ~dSAN MURRAY~ CU-,t~NT PLANNING SECTION MARGARE~WUERSTLK AIcP, DIRECTO PLANNING SERVICES DEPARTMENT DATE DATE APPROVED BY: ,~JOJ~EPH-K. SJ~H~ITT, AD14IINISTRATOR l ~/OMMUNITY D,,,1,UDA.02.AR.2566,RVB,~/~i AND ENVIRONMENTAL SVCS' DA, CE/ 4 AC.~E. NDA NOV 1 9 2002 AGENDA ITEM 8-E MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 3, 2002 PETITION NO: PUDA-02-AR-2566, PELICAN MARSH PUD AGENT/APPLICANT: Agent: RWA, Inc. Robert J. Mulhere, AICP 3050 North Horseshoe Drive. Naples, FL 34104 Applicant/Owner: J.E.D. of Sc~ :';~',~,'cst Florida, INC. & Colony Corporate Centre, Inc. Joseph E. D'Jamoos, as its Presldc.::~ 9150 Galleria Court Naples, FL 34109 GEOGRAPHIC LOCATION: The subject PUD is located north of Vanderbilt Beach Road (C.R. 862) and east of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East and Section 31, Township 48 South, Range 26 East, Collier County, Florida. (See illustration on following page) REQUESTED ACTION: The petitioner is requesting an amendment to the Pelican Marsh PUD for the purpose of revising the PUD document to increase the allocation of medical office space allowed from 9,000 square feet to 26,000 square feet, an increase of 17,000 square feet, within the approved overall general office leasable floor area of 295,800 square feet. ~N~ ~93'GENOA ITEI~ LOCATION MAP PETITION SITE HAP # DOA-2002-A~-25~7 PUDA-2002-AR-2566 PURPOSE/DESCRIPTION OF PROJECT: The Board of County Commissioners adopted the Pelican Marsh PUD (Ordinance Number 93-27) on May 25, 1993. Subsequent amendments are as follows: · Amended 1/24/95 (Ord. 95-4) - Additional acreage, revisions to land use allocations, addition of commercial and cultural uses and increases in number of golf course holes. Amended later in 1995 to correct Scrivener's Error (Ord. 95-50) · Amended again 12/9/97 (Ord. 97-79) - Increased acreage and revisions to land use allocations · Amended again 5/11/1999 (Ord. 99-33) (DO Amendment Resolution 99-234) - Revisions to Master Plan and to allow reductions in commercial retc uses and to increase golf holes. NOV 1 9 2002 Amended again 12/14/99 (Ord. 99-90) (DO Amendment Resolution 99-473) - Revision to Master Plan and to allow reduction in commercial retail & office land uses The petitioner is now requesting an amendment to the Pelican Marsh PUD for the purpose of reallocating the distribution of land uses within general office leasable area. Currently 295,800 square feet of leasable floor area are allocated to general office within the Pelican Marsh PUD. 9,000 square feet of those 295,800 square feet are dedicated to medical office. The amendment seeks to increase the medical office use allowance to 26,000 square feet. SURROUNDING LAND USE AND ZONING: Existing Conditions: The affected area within the Pelican Marsh PUD is located within the Pelican Marsh Activity Center designation, in the northwest quadrant of Vanderbilt Beach Road and Airport Pulling Road. The area currently contains existing commercial and general office leasable area. The proposed amendment seeks to allocate 17,000 square feet of existing and proposed general office leasable area to medical office use. Surrounding- North: East: South: West: Pelican Marsh PUD. Pelican Marsh PUD. Walgreen's PUD, Venetian Plaza PUD & Marker Lake Villas PUD. Pelican Marsh PUD. iNOV 92002 Pg. ~7 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is within the Pelican Marsh Activity Center designation as identified on the Future Land Use Map of the Growth Management Plan (GMP). The site is within the designated Mixed Use Activity Center #11 Sub-district. Future Land Use Element - The Mixed Use Activity Center #I 1 Sub-district (Exhibit "C") is designed to concentrate commercial activities into areas where traffic impacts can be accommodated, avoid strip or disorganized patterns of commercial development and to create focal points within the community. Petitions are to be reviewed in light of the "factors to be considered", as identified in the Future Land Use Element (FLUE) of the GMP. As an approved PUD, Pelican Marsh was previously deemed consistent with the Future Land Use Map (FLUM) designation. Transportation Element - The applicant provided a Traffic Impact Statement compiled by Ron Talone of David Plummer & Associates. The proposed increase in medical office use, as indicated by the TIS, would result in an 1.2 percent increase (464 trips) in daily external trips and a 0.9 percent increase (30 trips) in PM peak hour external trips. The indicated analysis is below the 5 percent impact threshold. As a result, this petition is consistent with Policies 1.3 and 1.4, of the Transportation Element. Open Space/Conservation - The proposed amendment request reallocation of the provided general office space within the Pelican Marsh PUD and will have no affect upon the open space requirements of the Pelican Marsh PUD. HISTORIC/ARCHAEOLOGICAL IMPACT: The Pelican Marsh PUD has been determined to be located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION - ENVIRONMENTAL~ TRANSPORTATION & INFRASTRUCTURE: This petition was referred to the above referenced County agencies for their review. The proposed amendment will have only a minimal increase (1.2 percent) in daily trips generated, subsequently no level of service (LOS) standard will be adversely affected by this amendment. As a result, these agencies have recommended approval. Because the subject petition doesn't impact any preserve areas that were previously approved with the adoption of Ordinance 99-90, no new Environmental Impact Statement is required. Therefore, the Environmental Services staff has recommended approval as submitted. EVALUATION: Staff completed a comprehensive evaluation of this land use petition and the, criteria....o,n, which a favorable determination must be based. This evaluation provided in obJ~,ff comprehensive overview of the impact of the proposed land use change, be the pog~t-i_ve er ] '! NOV 1 9 2002 4 negative, culminating in a staff recommendation based on that overview. These criteria are specifically noted in Section 2.7.2.5 (Exhibit A) and Section 2.7.3.2.5 (Exhibit B) of the Land Development Code and required staff evaluation and comment. A summary of the potential impacts or considerations identified during the staff review for this petition to amended the Pelican Marsh PUD is listed under each of the criterion is followed by a conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. Appropriate evaluation of petitions for amendments to PUD's should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not an amendment to the PUD would be consistent with the Collier County GMP in all of its related elements. Relationship to Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed ~:q:~ning action to the Future Land Use Element (FLUE) of the Growth Mana ement Plan The surrounding properties include the following land uses' With respect g · · to the matter of compatibility with the adjacent properties, this petition does not change the boundaries of the currently approved PUD. The proposed increase in medical office space will result in a 1.2 percent increase in daily trips and the area which this amendment affects is currently designated as an interchange activity center, an area determined by the FLUE as designed for this type of commercial activity, Regarding the matter of timing, it should be appreciated that urban development completely encircles the site. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and cOnsistent with the FLUE to the GMP. Relationship to Existing Land Uses: The affected area within the Pelican Marsh PUD is located within the Pelican Marsh Activity Center designation, in the northwest quadrant of Vanderbilt Beach Road and Airport Pulling Road. The area currently contains existing commercial and general office land uses. The proposed amendment seeks to allocate 17,000 square feet of existing and proposed general office leasable area to medical office use It should be noted that the petitioner has been made aware that the requested changes will result in additional parking requirements for existing and proposed medical office facilities. The ability for applicants to receive zoning certificates and certificates of occupancy for existing and future developments will be contingent upon satisfaction of the more stringent parking requirements imposed by the medical office requirements. The requested change merely increases the allowable square footage for medical offices within the general office permitted land use designation. This will not cause an incompatibility issue with the abutting office use properties therefore staff is of the opinion the proposed amendment will be compatible with the existing land uses and the existing interchange activity center subdistrict. Utility Infrastructure: The site is accessible to a public sanitary sewer and supply. This amendment will not change or impact the previous approval. NOV 1 9 2002 PUBLIC INFORMATION MEETING: The petitioner held a Public Information Meeting on February 11, 2001 that was attended by 5 individuals. No individual spoke in opposition to the proposed change in office space allocation. One individual expressed concern over the lack of vehicular parking and the affect the proposed change would have upon that issue. The petitioner indicated that the parking problem is a separate issue and that the owner will have to provide additional parking spaces to utilize the additional medical office area. The staff concurs with that assessment. STAFF RECOMMENDATI ON: That the Collier County Planning Commission (CCPC) recommends approval of Petition PUDA-02-AR-2566. PREPARED BY: MIKE BOSI, PRINCIPAL PLANNER CURRENT PLANNING SECTION DATE REVIEWED BY: ./~USAN MURRAY, AICP. MANAGER C, UR~ENT PLANNING SECTION MARGARE'~UERSTLE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT APPROVED BY: ,--./5 JOSEPH K. SCHMITT ADMINISTRATOR :'COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the October 3, 2002 CCPC meeting. COLLIER CO/I~. TY PLA~NNING COMMISSION: ]4;1. ...... DATE" DATE NOV 1 9 2002 n, ltd EXHIBIT "A" REZONE FINDINGS PETITION PUD AR-2566 Division 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Development Orders d~cmed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. The proposed development is in compliance with th~' !:uture Land Use Element of the Growth Management Plan. The density permitt~d v, i~hin this Pelican Marsh PUD is consistent with the Density Rating System containcci in me Growth Management Plan. The existing land usc pattern. The adjacent uses i~:,:i~tde the Pelican Marsh PUD, Walgreen's PUD, and the Venetian Plaza PUD ',~!t of these land uses are contained within the Mixed Use Activity Center #11 5;~-d~strict, and allow uses of a similar nature and intensity. The possible creati,,~ {~f an isolated district unrelated to adjacent and nearby districts. The Pelican Marsh PUD is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed PUD Amendment is appropriate since the approved land change with this amendment. The proposed change is to allow the PUI mirror the market demand for medical office space. It is also comp~ uses will not ordifi§ti~t~e..] iblel~ith tho _ ~t~ NOV 1 9 2002 ,,,. 11 e e surrounding lands. Furthermore, the subject PUD has a positive relationship to the GMP. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions in the neighborhood. The proposed change will affect portions of the Pelican Marsh PUD that have already been designated for office use. The proposed change will have no effect upon the residential components of the PUD. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. The proposed change will result in a 1.2 percent increase in daily trip, as determined by the Traffic hnpact Statement provided by the applicant. This number is not believed to have an adverse affect upon the LOS for Airport Pulling or Vanderbilt Beach Roads. In the final analysis all projects are subject to the Concurrency Management system. Whether the proposed change will create a drainage problem. The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. However, as urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the d~:ainage outfall condition is inadequate. In summary, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air areas. NOV 1 9 2002 12. 10. 11. 12. 13. 14. All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area. Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The zoning within the Pelican Marsh PUD will not be affected by the requested change. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. The zoning within the Pelican Marsh PUD will not be affected by the requested change. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed development complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public , ~elfare relationship because actions consistent with plans are in the public interest Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is being developed in accordance with the existing zoning. The proposed amendment is a shift in the amount allowed medical office space and does not seek to alter the current zoning. Whether the change suggested is out of scale with the needs of the m or the County; AGENDA ITEM,,~ ighlt4t~h°°d 1 ~ NOV 1 9 2002 15. 16. 17. The proposed amendment complies with Mixed Use Activity Center #11 Sub-district in which it sits and the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The area within the Pelican Marsh PUD a_ffected by the proposed change is currently structured to receive such development. The change is a reallocation of specific office use for the purpose of medical facilities. The area is currently designed for this use. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the existing PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. l0 NOV 1 9 2002 EXHIBIT "B" FINDINGS FOR PUD PUD-2002-AR-2566 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The,suitability of ti~e area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. i' Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Planning Commission and the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. e Conformity of the prop~,sed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. J The internal and external compatibility of proposed uses, which conditions may include restrictions on location of restrictions on design, and buffering and screening requiremelts. NOV 1 9 2002 11 o ge The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation (i.e. preserves, lakes, golf course, etc.). External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Timing or sequence of development in light of concurrency requirements is not a significant problem. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. Relative to this amendment, the reallocation of 17,000 square feet of leasable general office space to medical space within the subject property will not adversely impact any previous determination of consistency with the Growth Management Plan. The project is also timely because the supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular ca: :, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criteria essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. The change is simply a shift in type of office use. 12 ^ C~..NDA ITEM/ NOV 1 9 2002 EXHIBIT "C" EX~//SIT '" O" -i · AGENDA~TE' ' 1;-_ ' ! f N. 1"'/1 - NOV 1 2002 PETITION NUMBER i DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT P*~gRq/qING PUDA-2002-AR-2566 PROJECT #19990051 DATE: 6/3/02 RAY BELLOWS Name of Applicant(s): J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre, Inc. Applicant's Mailing Address: 9150 Galleria Court, Suite 100 City: Naples State: FL Tel. No.: (239) 596-2733 Zip: 34109 Fax: (239) 596-3686 Email: grahamnorcombe~jedflorida.com Is the applicant the owner of the subject property? X Yes .... (a) If applicant is a land trust, so indicate and name bene~ · ~_~ .... X (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (See Attached) (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. M:\2001 Projects[01-0257.00 Pelican Marsh PUD-DRI AmendmentS0002 PUD Rezone ApplicationkPUD-DO_Application.doc NOV 1 2002 o Name of Agent: Robert J. Mulhere, AICP Firm: RWA, Inc. Agents Mailing Address: 3050 North Horseshoe Drive, Suite 270 City: Naples State: FL Zip 34104 Tel. No.: 649-1509 Fax: 649-7056 Email: rjmeconsu!t-rwa.com PUD ORDINANCE NAME AND NUMBER: Pelican Marsh PUD/DRI Ordinance #: 93-27, as amended. · DRI/PUD Originally Approved on 5/25/1993 (Ord. 93-27) · Amended on 1/24/95 (Ord. 95-4) - Additional acreage, revisions to land use allocations addition of commercial, cultural uses, increase in number of golf course holes. · Amended later in 1995 to correct Scrivener's Error (Ord. 95-50) · Amended again 12/9/97 (Ord. 97-79) -Increased acreage and revisions to land use allocations. · Amended aqain 5/11/1999 (Ord. 99-33) (DO Amendment Res .... zon 99 ....~) - =~¥zsions to Master Plan and allow commercial retail & office land uses (reduction) increase in golf holes. · Amended again 12/14/99 (Ord. 99-90) (DO Amendment Resolution 99-473) - Revisions to Master Plan and to allow commercial retail & office land uses (reduction). DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in · each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. Pelican Marsh DRI: Collier County, all of Sections 27, 34, 35 and 36 and a portion of Section 25, in Township 48 South, Range 25 East, and a portion of Section 31, Range 48 South, Township 26 East. Full Legal Description Attached. AC4~NOA~ M:~2001 Projects~01-0257.00 Pelican Marsh DUD-DRI AmendmentS0002 PUD Rezone ~k~ ~ Appl i cat i on~ PUD- DO_App 1 i cat ion. doc 2 NOV 1 9 2002 o o 10. Address or location of subject property: N/A. Multiple properties within PUD, Hundreds of addresses. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO. Ail affected property is within Pelican Marsh PUD/DRI. TYPE OF AMENDMENT: X A. PUD Document Minor Language Revision/Amendment B. PUD Master Plan A~endment X C. Development Order Language Amendment DOES AMENDMENTi'COMPLY WITH THE COMPREHENSIVE PLAN: No If no, explain: X YES HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE PETITION #: DATE: HAS ANY PORTION OF THE PUD BEEN X SOLD AND/OR X DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR X Yes. No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). Literally thousands of parcels of land have been sold and are developed within the PUD/DRI. The parcels owned by the applicant are partially developed with office and retail/restaurant uses. The amendment will allow both 11. existing and proposed office use to be leased for medical office use up to 26,000 square feet versus the current allowance for medical office of 9,000 square feet. Nature of Amendment: 'The subject property is currently zoned PUD and is part of the Pelican Marsh PUD/DRI. Pelican Marsh PUD/DRI consists of ±2,213.6 acres of land located in Sections 27, 34, 35 and 36 and a portion of Section 25, in Township 48 South, East, and a portion of Section 31, Range 48 South, 26 East. (Full Leqal Description Attached). Range 25 Township The property owner, JED of Southwest Florida, Inc. and Colon~ Corporate Center Inc. has purchased several parcels of land M:~2001 Projectsk01-0257.00 Pelican Marsh PUD-DRI AmendmentS0002 PUD Rezone Application~Pb~-DO_Application.doc NOV 1 g 2002 located with in the Pelican Marsh Activity Center designation, from the original owner, WCI. JED of Southwest Florida, Inc., commenced development on these projects, and while marketing these projects, found that there was significant market interest in medical offices within the projects. The projects are located in the northeast quadrant of Vanderbilt and Airport Roads. Both are located within the commercial activity center designation of the Pelican Marsh PUD/DRI. The PUD and Development Order (DO) are being amended in order to increase the allowable Gross Leasable Floor Ares (GFA) for Medical Office from 9,000 sq. feet to 26,000 sq. feet. This will result in a minimal increase in traffic, well below the 5% impact threshold. Specifically, according to th~ attached traffic analysis conducted by Ron Talone of David Plummer & Associates, the proposed changes result in an increase in daily external trips of only 1.2%, or 464 trips. Similarly, the changes result in an increase in PM peak hour external trips of only 0.9%, or 30 trips. In 1995, the PUD/DO was amended to allow for 500,000 GFA of retail and 350,000 GFA of general office, of which 100,000 could be medical office. In 1997, the PUD was again amended, reducing the general re5ail GFA to 300,000 and the general office. In May of 1999, both the PUD and DO were again amended [Note: the PUD and DO were not consistent in that the DO allowed 345,000 GFA of general retail while the PUD allowed 300,000 GFA of general retail.] In May of 1999, the PUD and DO were amended to increase the GFA for genera] ===~=~ =~ 395,000. ~ p~z~ u~ this amendment, while the total allowable GFA of general office remained at 200,000 square feet, the maximum amoun: of that GFA that could be medical office was reduced from 50,000 to 25,000. Finally, in December of 1999 the PUD and DO were again amended to reduce the maximum GFA of ~enera! retail from 395,000 to 381,100; to increase the maximum ceneral office from 200,000 to 295,800 and to reduce the maximum amount of medical office from 25,000 to 9,000 GFA. [Note: It appears that during this amendment process, the phrase "office commercial use, with up to 9,000" was inadvertently left out, again resulting in a conflict between the DO and the PUD. The relevant portion of [he PUD (Ordinance 99-90) currently 'reads as follows: Section VII, Paragraph 7.2 MAXIMUM SQUARE FOOTAGE/ROOMS A maximum of 381,100 square feet gross floor area (331,400 square feet leasable floor area) of retail uses; 295,800 square feet gross floor area of office uses, including up to 9,000 square feet M:[2001 Projects~01-0257.00 Pelican Marsh PUD-DRI Amendment\0002 PUD Rezone ApplicationkPUD-DO_Application.doc 4 AGE. NDA ITEM NOV 1 9 2O02 of medical offices; and 450 hotel rooms may be constructed on land designated as "AC." The relevant part of the DO 99-473) currently reads: Findings of Fact o The applicant proposes the development of Pelican Marsh Community consisting of 2,213 _+ acres, as depicted in the Master Plan, Map H3 , attached as Exhibit D. " Pelican Marsh includes 80 acres of "activity center" use which will contain the following land uses: up to 381,100 square feet gross floor area (GFA) of retail commercial uses; up to 295,800 square feeZ of GFA of medical office; and 450 hotel ro_~. In addition to increasinc the GFA for medical offices, the proposed amendment will correct this scrivener's error, making the PUD and D'i~, consistent. The PUD is proposed to k~! ~ ~!~ded as follows: Section VII, Paragraph 7.[ >7~[.[iMUM SQUARE FOOTAGE/ROOMS A maximum of 38!,!'J~ -~ ;uare feet gross floor area (331,400 square fa. leasable floor area) of retail uses; 295,8,~~ ~uare feet gross floor area of office uses, ir.~ · ~.f~_~g up to ~,26,000 square fee~ of medical offt.. ~; and 450 hotel rooms may be constructed on la;~ fesignated as "AC." The DO is proposed to be an~ended to read as follows: Findings of Fact o M:\2001 Projects~0!-0257.00 Pelican Marsh PUID-DRI Amendment\0002 PUD Rezone ApplicationkPUD-DO_Application.doc The applicant proposes the development of the Pelican Marsh Community consisting of 2213.6_+ acres, as depicted in the Master Plan, Map "H3~ ~' attached as Exhibit D". Pelican Marsh includes 80 acres of "ac~.ivity center" use that will contain the following land uses: up to 381,100 square feet of gross floor area (GFA) of retail commercial use; up to 295,800 square feet GFA of office uses, including up to 26,000 square feet of medical offices; and 450 hotel rooms. The Pelican Marsh Community will contain a maximum of 4,800 [may need to be adjusted] residential dwelling units; 72 holes of golf and clubhouses; 360.4 acres of conservation area, (some of which is wi thin an FP&L easement); 114.2 acres of open space; and a 20-acre school site. NOV 1 9 2002 AFFIDAVIT I, Elizabeth A. D'Jamoos, attorney-in-fact for Joseph E. D'Jamoos, President of J.E.D. of Southwest Flor/da, Inc., and President of Colony Corporate Centre, Inc., being first duly sworn, depose and say that I am authorized to represent J.E.D. of Southwest Florida and Colony Corporate Centre, Inc, and have been granted written authorization by Jerry L. Starkey, President of WCI Communities, Inc., which is the controlling developer/owner of the Pelican Marsh PUD (the property described herein), the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As authorized representative for the property owners, I further authorize Robert J. Mulhere, AICP, to act as our representative in any matters regarding this Petition. J.E.D. of Southwest Florida, Inc. Josel~ E. D'Jamoo ,~. 'as its President / by Elizabeth A. D'Jamoos, Attorney-in-Fact for Joseph E. D'Jamoos Colony Corporate Centre, Inc. Jogdph E. D Jam~s, as its President / / by Elizabeth A. D'Jamoos, Attorney-in-Fact for Joseph E. D'Jamoos STATE OF FLORIDA COUNTY DF COLLrF. R Swom to and subscribed before me this 16th day of May, 2002, by Elizabeth A. D'Jamoos, who is personally known to me or produced ~/.f,r~,-~ ,~,~.~,J as identification. (seal) ~ .-t~--~-. tt~ W. llona~o ~ .'3"~r~"~ Coramis~ion # 0(~ 858041 '",,,',"" ~.~,,~i~ ~o,e% co., ~o PUDA-20i PRO.TEC DAT£: 6/3/02 ~Y B~LLOWS AGENDA ITEM^ · NOV 1 ~ 2002 ~l~r~'~mul~ m 05/06/02 MON 13:59 FAX WCI-EXECUTIVE OFFICE Fa×:9~1-~98-8,SS8 Ha9 62002 12:57 P. O] XzCI: c b',.. Mn';.' ' B~rnt State )d~zlnt 6/Co~t~y Clab Pzli.a Pelion TM S~ns ~t N~p?~ Cay ~cliczn M~z~h Tarpdn Tibu~o. OMMUNITIES, INC. April 30, 2002 Colony Corporate Centre, Inc. 9150 C-alteria Court, Suite 100 Naples, FL 34109 R~: Amcndmcnt to Pelican Mm'sh PUD Dear Sirs: WCI Communities of 24301 Walden Center Drive, Bonita SprinBs, FL 34134, supports tho proposed ameridm=nt to the Peli~an Mar~h PT. YD/Dlt.I :o increase the imaount ofMedicel Offic~ spmge allowed from 9,000 square fee~ to 26,000 square feet, Further, WCI Communities authorizes Colony Corporate CenZre Inc, to submit the application to Collier County Government to amend thc PUl)FI)RI in this marmcr. ~002 J£~Y L. Sr, Ua~' Old H.~aar hi (.'rea t AGENDA ITEM NOV 1 9 2002 eating Innovative Business Destinations J.E.D. OF SOUTHWEST FLORIDA, INC. May 16, 2002 RWA, Inc 3050 North Horseshoe Dr., Suite 270 Naples, Flor/da 34104 To Whom It May Concern: Please be adv/sed that authorization is hereby given to the firm of RWA, Inc., to act as agent in all actions relating to the zoning amendments submitted on behalf of J.E.D. of Southwest Florida, Inc. and Colony Corporate Cenh'e, Inc., with authorization from WCI Commmfities, Inc., and affecting the tbllowing described lands: Pelican Marsh PUD/DRI: Collier County, all of Sections 27, 34, 35 and 36 and a portion of Section 25, in Township 48 South, Range 25 East, and a portion of Section 31, Range 48 South, Township 26 East. (Full legal description is attached.) J.E.D. of Southwest Florida, Inc. Josepl~E. D'Jamoos, as~ts President by Elizabeth A. D'Jamoos, Attorney-in-Fact for Joseph E. D'Jamoos Colony Corporate Centre, Inc. Jo~ph E. D'Jam~os, as its President by Elizabeth A. Jamoos, Attomeyqn-Fact for Joseph E. D'Jamoos STATE OF FLORIDA COUNTY OF COLLIER Agent.5.6.02 The foregoing instrument was acknowledged before me this 16th day of May, 2002, by Elizabeth A. D'Jamoos, as attorney-in-fact for Joseph E. D'Jamoos, who is personally known to me, and who did not take an oath. (seal) -'. ~ -'., '..'e.~. m~ss~on ~ ~G 858041 ~,~_~.~ ~ '.= ~z~ires ,~ep. 12, 2003 ~'*'*' '~l~ntia B°n difil~ Co., Inc. 9150 Galleria Court, Suite 100 Naples, Florida 34109 Phone: 941-596-2733 Fax: 941-596-3686 www.jedflorida.com NOV 1 9 2002 , ~, 04/~1/02 MON ll:S~ FA/ ARTICLES OF iNCORPORATION OF coLONY cORPORATE cENTRE, INC. OO2 FIRST: The nam~ of the corporation (the ,,Corporation") is COLON~/' CoI~ORATE c uuu , pc. \ ~. SECOI~ID: Th~ tnincipal ot~i~e of thc Corporation is 13356 P, osewood Lan=, lqaptes, Florida B4119. TI-1IRD: Th~ purpose or purposes for which the Corporation is org~fized ate to engage in the tranSact/on of any or all lawful busine~ far which corporations may be incorporate..d under the ptovisio~ of thc Florida Busiu~ss Corporation A¢~ FOIIR'Ftt: The agg~gat~ number of shar~s which the Coil~orati°n shall have authoritY to issue is on~ hun&'~l (100) shnr~s ofconunon stock, and th~ par value of each such share is On~ and 001100 Dollars ($1.00), FIFTH: The she. et add, ss of the iuitial registered office of the Corporation is 393S Tamiami Trail North, Suite 402, Naples, Florida 34103, and the name of its initial rc-gistet~d agent at such address is David N. Morrison. sIXTH: Th~ number of dkectors constituting the iuitial Board of Directors of the Corporalion is one (1). The number of directors may be in~ from time to time by the Bylaws, but shall never be tess than one (1). The uarn¢ and address ofthe initial dit=ctor of the Corporation is: Joseph E. D'Jamoos ! 3356 Rosewood Lane Naples, Florida 34 l 19 SEVENTH: The name and addre ;s of the person sign/ng these Al'ticles of Incorporation is Ios~h E. D'JamooS, 13356 Rosewc~xt l me., Naples, Florida 34119. EIGHTH: The power to. adopt, alter, amend or ~ Bylaws shall be v~texi in the Board of Directors and the Share. holders. NINTR: This Corporation reserves the right to amend or ~¢peal any pwvisio~ contain~ Ln these Articles of Incorporation, or any amendment 'to them, and any tights conferred upon the Shamhold~'s am subj~:t m this reservatior~. PUDA-2002-AR-2 PROJECT #199912 DATE: 6/3/02 RAY BELLOWS NOV 1 9 200?.. ~{ON 11:55 FA] ~00 IN WITNESS WHEREOF, the undersigned Subscriber, for thc purposes of forming a corporation under the Florida Business Corponition Ai:t, has =ccuted these Articles of Incorporation day of January, 199g. E. D'JAMOOS, Subscriber STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this '7~2~v day of January, 199g by JOSEPH E. D'JAMOOS, v-ho is personally known to mc or who has produced .... (t3rpe of identification) as identification and who did (did no0 take an oath. NOTE: Ifa type of identification is not inserted in the blank provided, then the person executing this instrument was pcrso~ly known to mc. If the words in the parenthetical "did not" are not circled, then the per,on executing this instrument did take au oath. (Type or print Name of Acknowledge0 I, the tmdersigned person, having be~n named as registered agent and to accept service of process for the above-stated corporation at th& place d_as_ignated in this statement, hereby accept the appointment as registered agent and agreo to act in this capacity. I ftu~er agree to comply with the provisions of all siatutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligaions ofmy position as :gistcrcd agent. 2 DAVID N. MORRISON Da~: Jartuary ~.~._~ 1998 ITEM NOV 1 9 2002 04/61/02 )~ON FAX ARTICLES OF INCORPORATION OF JED OF SOUTItWEST FLORIDA, INC. ~004 FIRST: Thc name of thc corporation (the "Corporation") is J-ED OF So--ST FLORIDA, INC. SECOND: The principal offic.~ of the Corporation is 13356 Rosewood Lane, Naples, Florida 34119. THIRD: The purpo~ or purposes for which thc Corporation is organizcxt arc to engage in thc transac~on of any or all la~ul business for which corporations may b~ incorporat~l under thc provisions of thc Florida Bus/ne~s Corpoxation Act. FOURTH: The aggrega~-~ number of shares which thc Corporation shall have authority to issue is one huncln:d (100) slaare: ci' ~mmon stock, and thc par value of each such share is One and 00/t00 Dollars ($1.00). FIFTH: The street a~.~-css of the initial registered office of the Corporation is 3838 Tamiami Trail North, Suite 402, ~:aples, Florida 34103, and thc name of its initial r~gistered agent at such adckcss is David N. SIXTH: The nu_mbe~ c,f directors constituting the initial Board of Directors of the Corporation is one (1). Thc r,u~:~ c:,cr of directors may be increased fi'om time to time by thc Bylaws, but shall never be less than o.~,c (1). The name and address of thc initial clircctor of thc Corporation is; Joseph E. D'Jamoos 13356 Rosewood Lane Naples, Florida 341 I9 SEVENTH: Thc name and address ofth~ person signing the~e Articles of Incorporation is Joseph E. D'$amoos, 13356 Rosewood Lane, Naples, FIo~'ida 3411! . EIGH'I~: Thc power to adopt, alter, amend or repeal Bylaws shall be vested ~ the Board of Directors and the Shareholders. NINTH: This Corporation reserves thc right to amend or repeal any provisions contained in thes~ Articles of Incorporation, or any amendment to them, and any rights conferral upon thc Shareholders are subject to this reservation. NOV 1 9 2002 ff0N 11:56 FAX [~005 IN WITNESS WHEREOF, the undersigned Subscriber, for the purposes of forming a coq~oration w~dcr the Florida Business Corporation Act, has executed these Articles of Incorporation a CO~TY 0F COLL~R $OS~PN ~. D'$~OOS, who is ~on~ly ~o~ to mc or who h~ produ~ (~ of idcndfi~don) ~ idm~ion ~d who ~d (did no0 ~e ~ ou~. NO~: Ifa t~e ofidcmification i~ not ~ed ~ ~e bl~ provide, ~cn ~e p~n ex~uQng ~s N~cnt w~ ~ly ~o~ to me. If~c wor~ ~ ~c ~n~c~ "di6 not" ~ not c~cl~, ~cn thc pc~on ex~utNg fl~s i~mt did ~c ~ o~. (Type or print Name of Acknowledger) I, thc undersigned pcrson, having been named as r~gistcred agent and to accept service of process for thc above-stated corl:oration at ~e place designated in this statcmcnt, hereby accept thc appointm~t as registexed agcat and agr~ to act in this capacity. I further agrcc to comply with tho provisions of all statutes rclatlng to thc proper and complete performance of my d~ Se.s, and I am familiar with mid accept thc obligations of my position as rcgistered age.~:. b- x m to aso Da~: August /~-. ,1998 2 NOV 1 9 2002 o~,f~/o2 ~ON ~:$6 FAX O06 NOV 1 9 2002 o~/px/o2 ~oN 11;56 NOV ~ ~ 04/01/02 MO~ 11:56 FAT ~008 AGENDA ITF. M^ NOV 1 g 2002 · 04/,01/02 M0N 11:57 FAX ~009 [ NOV 1 9 2002 04/~1/02 ~0~ 11:$? ~A~ ~010 I AGENDA ITF~¥ NOV 1 9 2002 04/~1/02 ~ON 11:57 FAX NOV 1 9 200Z MON 11:58 F~ {~3012 AC, ENDA NOV 1 9 2002 Pg.._~q ~ 04/01/02 MON 11:$8 FA~ 'IT, is Instrumcm Prepared By: ¥ivien lq. Hastings, Esq. WCI Communities Limited Partnership 24~01 Walden Center Drive Bonita Springs, FL 341:)4 Parcel ID #: 0177120509 2483718 OR: 2552 PGe 0992 3?87000.00 leta: CO~I~TI~S TI%! CO THIS WARRANTY DEED made this ~0_ day of May, 1999, by WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware limited partnership, l'uzving its prkl¢ipal place of business at 24301 Walden Center Drive, Bonita Springs, Florida 34134 ("Oranwr") to COLONY CORPORATE CENTRE, INC., a F~orida corporation, having its principal place of buzlness at: 13356 Rosewood Lane, Naples. Florida 34119 (-Grantee"). (whichever used herein the terms "Grantor" and "Grantee" include all the parEes to this instrument and the heirs, legal representatives and assigns, assigns of individuals, and the successors and a.~signs of corporations). WITNESSETH: That Grantor, for and in consideration of the sum of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells. aliens, remises, releases, conveys, and confirms unto Grantee, all that certain land situate in Collier County, Florida, viz: Ali that part of Section 35, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described on Exhibit "A" attached hereto and made a part hereof, being 9.66 acres more or less (the "Property"). Subject to: A. Taxes and assessments for 1999 and subsequent years; B. That crrtain DECLARATION OF GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS FOR PELICAN MARSH recorded in Official Records Book 1891, Pages 1814 through 1865. inclusive, of the Public Records of Collier County. Florida, as amended or supplemented; C. That certain DECLARATION OF RESTRICTIVE COVENANTS FOR A PORTION OF PELICAN MARSH, SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, PARCEL I LEARNINO CENTER to be recorded simultaneously herewith; D. App cable comprehensive plans, or elements or portions hereof, land develol~ment regu ,fions including zoning and subdivision ordinances, development orders, Pelican Marsh DR] Development Order 95-1 adopted by the Board of County Commissioners of Collier County, Florida pursuant to Resolution No. 95-71 dated January 24, 1995, development permits and other regulations and conditions of all governmental agencies concerning the B. The Pelican Mar~h Planned Unit Development assigned ordinance number 97-79; F. The Property is within the Pelican Marsh Community Development District ("Dislxict") and Grantee shall be subject to District assessments as the same my exist from time to time. GRANTEE IS REQUIRED TO INCLUDE THIS DISCLOSURE lin ANY SUBSEQUENT DEEDS CONVEYING A PORTION OR ALL OF THE PROPERTY. (3. Grantee shall eonunence construction on the Property in accordance Construction Hans and Specifications [as defined in the Deposit Receipt and Sales Agreer NOV 1 9 201 04/01/02 ¥0N 11:58 FAX {~]014 OR: 2552 PG: 0993 betw~n Grantee and Grantor dated April 26, 1999 (the "Sales Agreement")] on or before eighteen (18) months from the date of this Warranty Deed. Once Commene. ement of Construction has occurred, construction sludl continue without interruption and Grantee shall "diligently continue construction" as defined in the Sales Agreement. In the event Cn'antee fails to commence construction or to diligently continue construction as required by thc Agrccrncnt, ~ a period of ninety (90) days (which period shall commence on the day C-rantor gives Cn, antee written notice of its intention to exercise its right to repurchase the Property in accordance with the terr~ hereo/), unless Grantee, during such ninety (90) day p~riod, commences construction or re- commences construction and thereafter diligently continues conslniction on thc Pwpcrty, provided, however, C.n-anwr be obligated lo provide such notice only one time, th~, Grantee shall have no rights to any such notices or any additional cure periods, Grantor shall have the right, but not thc obligation, after thc expiration of such ninety (90) day period, to rcpurch~e the Property at ninet7 percent (90%) of flu: prgraIa Purchase Price paid by Grantee for the Property, less any attorney's fees, transfer fees, ~ccording charges or other_.c__h~r,,ges_ ~ by Grantor in connection with such repurchase (herein called 'Repurchase Prioc ). l-'rorauons, if a.ny, shall be mack: as of the date of the repurchase dosing. If Grantor shall elect to exercise such option to rcpureh,~e the Property, the option shall be exercised by Grantor within ninety (90) days of the cate t~t cir, n~c st~u have f~ed to comme~:e or co~¢ co~?o_n as aro.r~..,d., r option is e~rcised, Grantor shall pay the Repurcha.sc Price in cash and LiranI~ snail ae Grantor a special warranty dccd to the Property on portions thereof being repurch,tsed; and at or in connection with such repurchase closing, Grantee shall pay and satisfy all liens and mortgages encmnbcring the Property being rcpurchascd which were imposed on thc Properly during the period of time Cn'a.n~e owned the ProDcrty. H. Interlocal Agreement entered into on May 4, 1993, between thc Board of County Commissioners of Collier County, Florida, as /oYemin/ body, and Board of Supervisors of Pelican Ma~h Community Development District which appears of record in O.R. Book 1921, PaEcs 1941 through 1970, inclusive, of thc Public Records of Collier County, Florida. I. Notice of Adoption of Development Order recorded in O.R. Book 2067, Page 1851, and Notice of Change of Development Order recorded in O.tC Book 2183, Page 1972, of thc Public Records of Collier County, Florida. J. The Property is located within the hounds of the Coastal Area Planning District as created by the Board of County Commissloncrs of Collier County, Florida, by Resolution dated August 13, 1968 and reaffu'med by Resolution dated May 4, 1976, and recorded in O.R. Book 649, Page 1239, of the PubLic Records of Coll/er County, Florida. K. Preliminary Development Agreement entered into between Westinghouse Communities of Naples, Inc., as developer of a proposed project known as Pelican Marsh, and the State of Florida Department of Conununity Affairs recorded June l I, 1993, in O.IL Book 1835, Page 3?5, of the Public Records of Collier County, Florida. L. Oruntee from the date )f this Warranty Deed to Au§usl l, 12000 (the "Restricted Period"), shall not consmtct or oper. e a destination resort hotel on thc Property comparable in quality to the Ritz-Carlton beach ho:el currently located on Yandcrbilt Beach Road in Nap1~, Florida. Further, Orantee during thc Restricted Pcriod, shall not convey thc Property or any portion thereof to any person, party or entity for the purpose of consmicting or operatins a destination resort hotel on the Property comparable in quality to the Ritz-Carlton beach hotel currently located on Vandcrbilt Beach Road in Naples, Florida. During the Restricted Period ali deeds conveying the Property or a portion thereof shall contain a covenant prohibiting the purchaser of thc Property from construcfin$ or operatinl on such Property a destination resort hotel comparable in quality to the Ritz-Carlton beach hotel currently located on Vandcrbilt Beach Road in Naples, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto or in anyway appert,lnlng. TO HAVE AND TO HOLD, the Property in fcc simple forever. Icgel~oclm~sh~lcamiflg ccntcr oncXdced NOV 1 9 2002 04/01/02 MON 11:59 FAX OR: 2552 PG: 0994 {~]015 Grantee is hereby notified that (1) the Property Grantee is purchasing is locmed within a hurricane vulnerability zone; (2) the hun'icane evacuation time for the Southwest Florida Region /s high; and (3) hurricane shelter space is limited. GRANTEE IS REQUIRED TO INCLUDE THIS NOTIFICATION IN ANY SUBSEQUENT DEEDS CONVEYING A PORTION OR ALL OF THE PROPERTY. C, ranwr hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that C, rantor has good right and lawful authority to sell and convey thc PropeRy; that Crm~or hereby fully warran~z title ~o thc Property and will dcf~nd same agains~ the lawful claims of all persons whomsoever; and that the Property is free from all encumbrances, except as otherwise noted above. IN WYrNF. SS WHEREOF, the Gramor has caused these presents to be executed in name and its corporate seal to be hereunw affixed, by its proper officer thereunto duly author/zed, the day and year first above wriRen. Signed, sealed and delivered in thc presence of.' WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware limited parmcrfl~p ./,Albert F. Mosca~o, Jr. (....,' Its/ Vice President * ~itoe~ # 1 Printed Na~_e of Wimess~l W~ss ~2 Pfin~ N~c of Wimps ~2 · ~gulcd ~u~l ~ lu~0~ ~ in ~ c~&in Ce~ifi~tc of Au~oriW~ow~ of Anomcy ~d ~ ~al R~r~ ~k 2dC7, P~e 2871. of~ Public R~ o[ Colli~ ~ty, FIo~ STATE OF FLORIDA COUNTY OF LEE The foregoing Warranty Deed was acknowledged before me by Albert F. Moseato, Jr., as Vice President of WCI Communities Limited Partnership, a Delaware limited partnership, on behalf of the limited partnership. He is personally known to me. WITNESS my hand and official seal this ffO.~l~,,,. Cadn A. ROpP ,~ O~ ~or A.n. AleTiC lOei.m.~ v.... -. My Conuaission Expires: day of May, 1999. Iota~y Public, State o{[.Flbrida Primed N~me of Notary Public |¢gal~pclm~Xleaming centc~ one',deed NOV 1 9 2002 Pg.._.~ 04/01/02 MON 12:00 FA~[ 1~1016 , .;.-"* '~*' :.~ '1~-*;.:.';:'.'!-'.:;,.'.-~',:.* .... ~( %.,.:- -;~. ~..* .'... *', ...'? -; v.~ ,. :..': ,,'-~ ;.-.., ' .... ,,: .;. ~ ;i,~,:,~-, ;.:..:,:,~:.';:~...,', ~ c. ;~- ~" ,'.,~ :~':. :'~ ?'~."";,;.' 'v"i..;'~.'..~ a.:,..!;e;;', ' . '.;'-:4 '%',. 'o ;..;,~.: :'~.4,: ~." .r,.~.~.,'.:,, ,~,(.?-: .;,',.?,',:.:.~.,..... ues~ption o~ KA~ o/~ec(ton J.~ LOWnsnmp q~ boutrl .r~nge :2~ East, Collier County. ]Pelican Marsh I'.earnin§ Cenlcr Phase I ,~dl that pan orSection 35, Township 45 South. Range 2~ ~st. Collie' County. Florida and being more panicularl.y described as Cou~encing at Ihe south~st corner oFsald Section 35; Ihence along dm somh line o~s~;d S~cdon 3S, South 89"38'54'' Wes[ IO0.00 r~at to, polnl on ~he west right-oF-way line o~rpo~-Pulling Road (CR 3 ti; thence ~ntinue along said ~ecdon lit~c, South 89~3 ~'54" West 771.T0 Feet: three leaving said aeoli0n line, No~h 00~21'06'' W~t ]60.00 ~eet; then~ South g9*38'54" West 40P.51 ~eet lo Ihe Point o~geg~nning of Ibc parcel herein d~c6bed; thence Sou~h 89e38'54'' West 804.26 Feel: thence NoAh 00'20'33" West ~26.2~ ~ee( to a point o~cu~mure; Ihenc¢ ~stcrly 38.79 ['eel along the arc ora non-tangential circular cu~e concave no~herly having a radius or471 fig F:ec lhrough ~ central angle o~04'42'4 I" and being ~ubtended by chord which bears South gl"it '23" East 38.78 teat; thence easlerly 122.14 ~ect along (he ar~ oCa non-tangential circular cu~e concRve northerly having a radius oF 9~7.50 Feel through a ccn~ra) angle o~07'18'32" and being subtended by a chord which beara South 87°S I'~2" ~st )22.06 Feet; th=nee e~ttrly 86.69 I~e[ AIo~ u~ Arc ol'a non-tangential circular cu~e concave northerly having a radius o~q7.92 rcc~ t~rc~d~ ~ cen[ral angle o~06"38'27'' and being subtended by chord which bears No~h S$~C':~ '~ ~ ~as~ 86.64 thenc~ easterly 64.34 Eat aJor:g th: ~r: o[a non-tang~tlal circular cu~e concEve no~herly, having · radius oF317.70 Fc:t ~,rcugh a cemral angle OF I 1~36' I0" and being subtended by chord which bears NoAh 75'~ '~," East 64.23 ~eet; thence no~he~sterly 27.~G [e~', ~: ~g the ~rc o~a non-iangential circular cu~e concave no~hwc~terly, having a r~dius cf ~,:.34 ~cet through a central angle or26'59'59" and bain8 subt~ded by · chord which bc~,:, ?~'o~h 52'05'39" East 27.7 I Ihence along a non-tange,fi~l [[,? South 00e20'33'' Easl 566.19 ~ee~ Beginning. Subject to easements and restriction: o[ record. Con[ainlnS 9.56 acres more or ~esrlnss are based on the south [~ c~ s~d Seciion 35, South 89e38'5~'' West CenJ6cale oF ~uthorization gLB-,; 3, WILSON, MILLER., BARTON & F£gK, INC. Registered Engineers and Land 5urvcyo~s By:, D~le John P. Maloney, P.S.M. Not valid unless cmbosscd ,,vld~ Ibc ProFessional's seal. Ret. 2L-444, sheet 2 7.00, NApLca, FI,~iJn It lOS-eSOT · Dh 9't 1-649.40'10 F.~ ¢)41-643.571G AGENOA IT~\ NOV 1 9 2002 04/01/02 ~ON 12:00 F,~ ~017 . ;. ~. > ,~ ~ '1 ~- I~ .. ~ I I ~l~ ~l I ~0 NOV 19 2002 EXHIBIT A This Lnstrument Prepared By; Viviea N. l-lastin~s, F. sq. WCI Communities Limited parmership ltl;Il: 24301 Walden Center Drive ~ICI C0~III!11~I{$ parcel ID #: 00177120101 TI~S WARRANTY DEleD made this ~ _ day of Oolober, 19911, by; WCI COMlVIUNITIES LllVlITIED PAI~TNEI~HI~, a Delaware ILmlted partnership, bavin$ its principal place of business at 24101 Waldan Center Drive, Bonita Springs, Florida 34134, herein called/he Grantor, to: JED OF SoLrrlt~EST FLORIDA, INC. a Florida corporation, having its principal place of busiz~ess at 15f36 Rosewood Lane, Nap{es' Florid~ 34119, herein called the Grantee, (whichever used herein the terms "Grantor" and "Orantee" include all the parties to this instrument and the heirs, legal representatives and ass{i~s, assiBns of individuals, and the successors and assigns of corporations). V~ITlq'E$$ETH: Thai the Grantor, for a~d in consideration of the sum of $10.00 and Other valuable consideration, receipt whereof is hereby acknowledged, hercby gra~ts' bargains, sells, aliens, remises, releases, conveys, ~nd confu-ms unto the Cn'antee, ail that certain land situate in Collier Count),, viz: A tract or parcel of {and lying within Se~iiou t5, Township 48 South, P~ule 25 East, Collier County, Florida coutaiuhlt 5.14 acres of land, more or lean, iud belug more particularly described on Rlhibit "A" attached hereto and made a psrl hereof(the "Property). 23 293 OR: 2175 PG: 1635 CO~S 190~135.00 U~ ~!1 2(.00 13321.10 SUBIECT TO: A. Taxes a~d assessments for 1998 and subsequent years; B. That certain DF..,CLAILATION OF GENERAL COVENAHTS, CO'I',TDITIONS AND RESTILICTIONS FOR PELICAN MARSH recorded in Official Records Book 1891, Pages 1814 ~hrough 186:5, inclusive, of the Public Records of' Collier County, Florida, as emended or supplemented; C. That certain DECLARATION OF RESTRICTIVE COVENANTS FOR A PORTION OF PELICAN MARSH SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUI, TrY, FLORIDA LTU'I~RI$ PAR~J- "L"), to be recorded simulUmcously herewith; D. Applicable comprebensive plans, or elements or portio~ hereof, land development regulations including zoning and subdivision ordinances, development orders, Pelican Marsh DRI D~velopment Order 95-1 adopted by the Board of County Commissioners of Collier County, Florida pursuant to Resolution No. 95-71 dated lancet 24, 1995, development permRs and other regulations and conditions of all governmental agencies concerning the Property, E. The Property lies within the Pelican Marsh Community. Grantee is hereby .notified that (1) the Property Oranice is purchasing is located within e hurricane vulnerability zone: (2) the hurricane evacuation time for the Southwest Florida Region is high; and (3) hurricane shelter space is limited. GRANTEI; IS REQUIRED TO INCLUDE THIS NOTIFICATION IN ANY SUBSEQUENT DEEDS CONVI[YING A PORTION OR ,~l.lL OF TI~E PROPERTY. F. The Pelican Marsh Planned Unit Development assi~rted ordinance number 95-4; G. The lien of any and all assessment liens that have heretofore been authorized, or sh [} hereafter be authorized, Io be assessed against the Property, including the Pelican Marsh Commun y Development District and assessments; H. Grantee shall commence construction on the Property in accordance with the Plans x Specifioations [as defined in the Deposit Receipt and Sales Agreement between Grantor and Grant~ NOV 1 9 2002 04/01/02 MON 12:01 FA/ ~019 2475 PG: 1636 dated August 17, 1~8 ("SBles Agreement")] for thc Property on or before one (1) year fi-om the closing dam of thc sale. Once commenced, construction shall continue without interruption ~nd Grantee shall "dlhgcntly continue conmctton as defined in the Sales Agreement. For purposes of this Paragraph I-L, 'commence construction" sh~dl mean thc phcgment of forms for the foundation for the first building on the Property. If Grantee fails to comply with the foregoing requirement% Granwr shall have the right, but not thc obligation to rcpurcbesc thc portion of thc Property then owned by Or.tee upon which consmiction has not commenced at nincW I~rcent (90%) of thc purchase price paid by Grantee for the Property, less any $.ttomey's fees, credits to Grantor, ti~nsfcr f~s, recording clmrges or closing clm.rges incurred by Orlmtor in connection with such repurchase (herein called "Repwtch$.~ Price"). Prorations, if lmy, shall be rrmde as of the date of the rcpurchuc closing. If Orantor shall cl~.t to cxercis~ such option to repurchase thc Propm'ty, thc option shall be cxer~ised by Grantor within ninety (90) days of the clat~ that Grantee and/or subsequent purchasers shall have failed to commence or continue cons~uction as nfore.~id- If the option is exercised, Grantor sh~ll I~y the Repurchase Price in cash ~nd Grmatee shall deliver to Granwr a special w~rrant~ deed to the Property or portions thereof being repurchucd; and at or in connection with such repurchase closing, Grantee shall pay ~nd satisfy all lictas and mortgages cncumbexing the Property being r~purch~sed which were imposed on the Property during the period of time Or.acc owned the property. All planning and design work sJmli thereupon belong to OrarRor. I. All matters idcntificcl on Exhibit "B" attached hereto and made = p~rt hereof. TOGETI~R with all the tenement, s, ber~litamcnts ~nd appurtenances thereto b~longlnJj or in ~ayway TO I:[AV~ A.ND TO HOLD, the same in fca simple forever. AND the Orantor hereby covenants with said Grantee that the Grantor is lawfully seized of said Property in fee simple; that thc Grantor has good right and lawful authorlry m sell and convey said Property, that the Grantor hereby fully win'rants fl0c to said Property and will defend same against the lawful claims of all peTsons whomsoever, and that said land is free from all encumbrances, except as otherwise notes above. l~I WITNESS WItEI~OF, the Grantor has caused these presents w be ex~cut~d in its name m~l it~ corporate seal to t~ hcrcunw afl'ixed, by its proper ofJicgr thereumo duly authorized, thc day and year first above written. Si/nc/i, sealed and delivered in the presence of': * F..zecut~d i~rSuist to lutborlt3' lit*anted in th=t certain Ctrttfleatr,/P'owe~ ofAttorney retorded iu O.R. B4mk 2467, hg¢ 1165, of Ge public R~ords ~C~lkr C~n~', [:Im'ML STATE O£ FLORIDA COUNTY O!: The foreSoing Wnn-a~ty Deed was acknowledged before me by Jerry H. Sclunoyer a~ Senior Vice President of WCI Communities Limited Pnrtnetshtp, n Delaware limited parme't3hip, on bchLIf of the partncrshlp. Hc is pet~mUy known m mc. WITNESS my hand and official seal mm ~ day of O~cto.ber~g8. No~ ~blic. S~t, of Fl~ My Co~i~ ~p~: ~"~' f~' ~ e r ~d N~e ofN~ ~bli~ K:lc$-JXp~ Im~shM~mr~l~l~41 04/01/02 MON 12:02 F.,~L~ ~020 \ F..XHI'B~T "A" BBLS SURVEYORS & MAPPERS INC. 1502-A RAIL [{F. AD BLVD. NAPLES, FLOR/DA 34110 TELEPHONE: 941-597-13 t $ FAX: 941-597-5207 OR: 2475 PG: 1637 A PARCEL OF [.AND LYIlqG ~ SECTION 35, TOWNSMIP 48 SOUTH. RANGE 25 FAST, COLLIER COUI~4TY, FLORIDA, AND BErNG MORE pARTICULARLY DESCR_fBED AS FOLLOWS: COMMENCE AT TM]~ NORTHEAST CORNER OF SAID SSCI'ION 35, ~CE R~ S. 00"3 !'59" ~ ~ONG ~ ~ST L~ OF S~ SE~ON 35 A~ ~NG ~ C~~ OF ~RT-P~G RO~ (CR 3 l), FOR 3422.08 ~; ~ R~ s. gg~I'W. FOR I00.~ ~ TO ~ ~T ~G~F-WAY L~ OF S~ ~KT KO~ ~ ~ PO~ OF BEG~G. ~OM S~ PO~ OF BEG~G R~ S.~"31'59"~ ~ONG S~ ~ ~G~F-WAY L~ OF S~ ~RT RO~, FOR 375.~ FE~ TO A ~ OF C~VAT~; ~CE LEA~G S~ ~T RIG~F-WAY ~, R~ ~~S~Y FOR 39.27 FE~ ~ONG ~ ~C OF A C~ TO ~ RIG~, ~O A ~S OF 2100 ~, A C~ ~G~ OF 90~'. A ~O~ ~O~ OF 3536 ~ ~ A CHO~ B~G OF S.~8~4'W. TO A ~ OF T~G~ ON ~ PRO~SED NOR~ ~G~F-WAY ~ OF p~ ~ D~; ~ R~ S.S~S~W., ~NO S~ PRO~S~ NOK~ ~G~F-WAY ~, FOR 5~.74 ~; ~ K~ N.~'3 F53'W. FOR 4~.~ ~; ~ R~ N.8~0~ FOR 559.~ ~ TO ~ ~ OF BKG~G. CO~~G 5.14 A~S OF ~, MO~ OR LESS. ~ PROP~ ~ S~ TO ~~S, ~ERVA~ONS, OR ~~ONS OF ~CO~. SEE ATTACMED SKETCH NOV 19 2002 04/01/02 M0N 12:02 F,~T ~021 OR: 2475 PG: 1638 ~!l ~ " I nE" -~ S4Ji~VEYORS & MAr'T-'. NAP~'S. FTO~dDA ~4110 ~ ~'~{~0 1S 2002 pg. --'- 04/01/02 ~ON 12:02 FAX I~] o22 *** OR: 2475 PG: 1639 *** T~, pr~v~iom, mnditlor~, e~nen~, ~~ ~d m~ ~ by ~d ~ f~ ~ ~ ~n ~ i- O.~ ~k l~t, P~ 1~14, ~ ~md~ ~ O.~ ~ok 19S~, ~e ~, O.~ ~k 2019, O~ ~k ~8, P~e 210; 0.~ ~:mk 2010, ~e ~; O.L ~k ~[0, ~e 1~9; 0.~ ~k 20~, ~; O.g. ~k ~16, ~e I0~; O.k. ~k ~O~S, ~e 24~; O.R. ~ ~4, ~e ~l; 0.~ ~k 21~, ~4; O.R. ~k 2t~, ~e 1085; :~d O.A- B~k ~05, ~e l~, O.R. ~k~, ~eT~ ~d O.~ Book D~On of N~gh~r~d ~ov~, Co~o~ ~d R~ for P~[~ ~h _ , ~o~ ~ Prellmin.~q De~Mopment Agrtgm~: [w ~;~n Ma~ ~ord~ in O.~ ~k 1~5, ~e~75 and ~ ~ ~t~Ho~ Agent ~ into on N~y 4, 1993, b~n T~ ~d of County ¢o~io~ of Colii~ Cowry ~o~, ~ goring ~dy, and ~=rd of $up~o~ of ~ ~i~ ~h Comm~ity ~v~opmmt D~c~ ~o~ ~ O.~ ~k 192I, P~e IP4L and 0.~ ~k Z~, ~ge 601, ~blic g~ of Colli~ Co~ry, ~oH~ ~at c~in ~nW~ m p~ by ~d b~ WCI C~m~ ~i~ ~P, ~d. The p~p~y ~ I~ wi~n ~e ~ of ~e Co~ ~ ~ D~ ~ ~ by ~ ~ by R~[ufioa ~ ~Y · ~, ~ord~ ~ 0~ ~ord ~k ~9, p~ ~, og ~ pub[~ ~ NOV 1 9 2002 pg.~'~Tr.- _ RECEIVED 10/18/2002 Re.' Petition # DOA-AR-2567 & PUDA-AR-2566 _. Pelican Marsh Planned Unit Development & Development Order Amendment, To increase the Gross Floor Area (GFA) of Medical Office fi.om 9,000 to 26,000 To: From: Ray Bellows Peter Meyers 23710 Walden Center Drive Apt #208 Bonita Springs, FL 34134 I am an owner of9180 Galleria Court in Naples, which is Building "F" in the Galleria Plaza (SDP #99-04) located within the Pelican Marsh development. I would like to see that the planning commission is made aware of certain key facts that were not provided to them prior to their vote. Contrary to testimony presented at the October 3d hearing, the medical office space in use already exceeds the 9,000 SF limit. In fact, the developer knowingly made commitments well in excess of the limitation prior to 2001. In addition, the medical use at the Galleria Plaza has created a critical parking shortage that threatens to leave the owners, tenants and patrons of the project permanently compromised while the developer moves on having cashed in fi.om selling non-medical units at the premium prices of medical space. The developer was fully aware of the 9,000 SF limit, which limit Mr. Norcombe, the developer's representative has admitted to me. Nevertheless, the developer failed to disclose this information to the medical professionals with whom they entered into contracts to lease or sell space. Space at the Galleria Plaza, which has no medical parking, was deliberately marketed for medical use (see Exhibit A). The developer continues to control the condominium association, and all leases are subject to condominium association approval for a specific use. Owner occupants are subject to similar approval. As such, no medical use, by either a tenant or a building owner, was permitted or could be permitted without the approval of Mr. D'Jamoos. At the Galleria Plaza, three buildings were sold to doctors and three other leases for medical use were permitted in buildings now owned by investors for a total medical use of more that 13,000 square feet. At the same time that he committed to over 13,000 SF of medical at the Galleria Plaza, exceeding the quota by about 4,000 square feet, he signed contracts for two sales at the Vanderbilt Galleria for medical use which by themselves total 9,000 square feet (8985 Fontana del Sol Way - 3,000 SF, and 9125 Corsea del Fontana Way - 6,000 SF. See Exhibit B, dated October 2000 & C, dated December 2000). He also pursued other sales and leases for still more medical use at both projects. Building F at the Galleria plaza has approximately 12,000 square feet, and by itself exceeds the 9,000 square foot quota. Nevertheless, at one point, the developer contracted to sell it for medical use. h' NOV 1 2002 .- .' 10/18/2002 Re: Petition # DOA-AR-2567 & PUDA-AR-2566 Pelican Marsh Planned Unit Development & Development Order Amendment, To increase the Gross Floor Area (GFA) of Medical Office fi.om 9,000 to 26,000 the developer was put on notice in writing that the Galleria Plaza lacked medical parking. Still, the developer continued to market the project to other parties for medical use. The Galleria Plaza only has one space per 300 square feet, which is the minimum for non-medical office space. The memorandum of understanding whereby 7,000 square feet in Building A continues to be withheld fi.om the market addresses only the overall parking ratio but not the location of the parking relative to where it is needed. The configuration of the project was designed for non-medical use and the buildings on the west side of the complex have insufficient parking around them to service the current parking demand. On the east side of the Galleria Plaza, Building C has space leased to Point Medical, Building D in its entirety is used for a pediatric office, and Building E, sold to a dentist, is now leased primarily to a periodontist with the remainder to another medical tenant. Building F contains a dentist's office. None of these buildings have sufficient parking in their proximity. The pediatric office only has about 10 spaces nearby while such offices are especially parking intensive and require more spaces than the 14 that the parking code for medical use provides. Visitors will be forced to circle the complex to fred parking at the east end, a long walk fi'om their destinations. Nevertheless, no walkways have been included in the design. Mothers with small children will be forced to walk along traffic lanes at great inconvenience and significant risk to personal safety. The set-aside provision was not well conceived with the interests of the public in mind. For example, space could have been reserved in one of the other buildings to relieve the parking pressure from the points where it is needed. The agreement was worked out in private between the planners and the developer and the outside owners and tenants of the complex were not consulted. While other solutions were available that might have better addressed the problem, the solution that was chosen seems to have been devised by the developer himself for his own expedience. Thc dev toper has flouted proper procedure, and by approving the petition, the planning commiss,on is unintentionally condoning such conduct. The resolution of the 7,000 square foot set-aside to provide additional parking capacity to the Galleria Plaza should be examined with the interests of the public in mind. The outside unit owners, who now own a majority of the project, the tenants and the public in general should be consulted before a remedy is selected. When the undersigned attempted to speak at the hearing he was prevented from doing so because he did not reside in the Pelican Marsh district. If you need any more information please feel to contact me. 2 NOV 1 2O02 ORDINANCE NO. 02- AN ORDINANCE AMENDING ORDINANCE NUMBER 9 i- 102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED; 8525S, 8525N, 8527S, 8527N, 8534S, 8534N, 8535S, 8535N, 8536S, 8536N, 8631S AND 8631N, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PELICAN MARSH DRI/PUD, FOR PROPERTY LOCATED NORTH OF VANDERBILT BEACH ROAD (C.R. 901) AND EAST OF LIVINGSTON ROAD (C.R. 881), IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIF 48 SOUTH, RANGE 25 EAST, AND SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2214+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-90, THE FORMER PELICAN MARSH PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert J. Mulhere of RWA, Inc., representing J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre, Inc., with permission of WCI Communities, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein describe ! property; NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida that; SECTION ONE: The Zoning Classification of the herein described real property located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made a part hereof. The Official Zoning Atlas Maps numbered; 8525S, 8525N, 8527S, 8527N, 8534S, 8534N, 8535S, 8535N, 8536S, 8536N, 8631S and 8631N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 99-90, known as the Pelican Marsh PUD, adopted on December 14, 1999 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. NOV 1 9 2002 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2002. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Marjort~M. Student ' Assistant County Attorney BY: JAMES N. COLETTA, CHAIRMAN AGENDA ITE~ NOV 1 9 2002 EXHIBIT A PELICAN MARSH COMMUNITY A PLANNED UNIT DEVELOPMENT 2213.6+ Acres Located in Sections 25, 27, 34, 35 & 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida PREPARED FOR: J.E.D. OF SOUTHWEST FLORIDA, INC. and COLONry CORPORATE CENTER, INC. 9150 Galleria Court, Suite 100 Naples, FL 34109 With permission from WCI COMMUNITIES, INC. 24301 Walden Center Drive Bonita Springs, Florida 34134 PREPARED BY: RWA Consultants, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, FL 34104 PUD 93-1, ORDINANCE 93-27 - ORIGINAL PUD 94-9, ORDINANCE 95-4 - AMENDMENT ORDINANCE 95-50 - AMENDMENT ORDINANCE 95-71 -AMENDMENT ORDINANCE 97-79 -AMENDMENT ORDINANCE 98-11 - AMENDMENT ORDINANCE 99-33 - AMENDMENT DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NI. JM~ ER NOV 9 2002 TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION vm LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL DISTRICT GOLF COURSE, RECREATION & OPEN SPACE DISTRICT RESERVE DISTRICT CULTUR..'d_ C!-~NTER DISTRICT ACTIVIT'~ 'i'7 ¢;TER DISTRICT GENERA! : ~_VELOPMENT COMMITMENTS PAGE ii iii 1-1 2-1 3-1 4-1 5-1 6-1 7-1 8-1 Exhibit A LIST OF EXHIBITS Map H-3 (Revised.~' ~'''~ H) Master Plan (Johnson Engineering, Inc., File No. 19991406) ii AGEIqOA ITEM~ NOV 1 9 2002 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of WCI Communities, Inc., hereinafter referred to as "WCI" or the "Developer", to create a Planned Unit Development (PUD) on 2213.6+ acres of land located in Sections 25, 27, 34, 35, and 36 Township 48 South, Range 25 East, and Section 31, Tmvnship 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be the Pelican Marsh Community. The development of the Pelican Marsh Community will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: o o o The subject property is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The purpose of the Urban Residential Subdistrict is to provide for higher density residential uses in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. The proposed density of the Pelican Marsh Community is 2.16 units per acre and less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with Future Land Use Element Policy 5.1. The entire subject property qualifies for a base density of four (4) units per acre. Certain parts of the subject property are further subject to density adjustments including a proximity to Activity Center density bonus, roadway access density bonus, and long range traffic congestion area and interconnection density reduction, which when taken collectively and applied to the property yield an allowable density greater than three (3) units per acre. The Pelican Marsh Community is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable land de'¢elopment regulations as set forth in Objective 3 of the Future Land Use Element. The development of the Pelican Marsh Community will result in an efficient and economical extension of community facilities and services as required in Policies 3.1H and L of the Future Land Use Element. The Pelican Marsh Community is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities rlemenI. The Pelican Marsh Community is a large scale functionally interrel~..ed community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code, Planned Unit Development District Section. The Pelican Marsh Community represents a large scale infill community within the Urban District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land Use Element. 111 9 2002 I SHORT TITLE This ordinance shall be known and cited as the "PELICAN MARSH COMMUNITY PLANNED UNIT DEVELOPMENT ORDINANCE". iv NOV 1 9 2O02 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Pelican Marsh Community, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION PELICAN MARSH, being approximately 2214 acres, more or less, is legally described as follows: BEGINNING at the southwest comer of Section 27, Township 48 South, Range 25 East, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00 38'20" West 2623.40 feet to the west ¼ comer of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00 39'12" West 827.69 feet; thence leaving said line North 89 20'45" East 3844.57 feet to the westerly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said westerly right-of-way line in the following four (4) described courses; 1) South 05 34'48" East 3545.96 feet to the south line of said Section 27; 2) South 05 33'10" East 2642.17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12 42'18" and being subtended by a chord which bears South 00 47'59" West 619.60 feet; 4) South 07 09'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County, Florida; thence along the boundary of said Pine Ridge Second Extension in the following eight (8) described courses: 1) 2) 3) 4) 5) 6) 7) 8) South 89 50'58" West 88.21 feet; North 31 34'00" West 120.19 feet; North 05 37'10" West 956.47 feet; South 74 46'39" West 379.98 feet; South 12 04'43" East 23.53 feet; South 87 09'43" West 272.40 feet; northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a central angle of 64 46'40" and being subtended by a chord which bears North 48 50'02" West 1757.26 feet; North 81 13'22" West 737.85 feet; 1-1 1 NOV 192002 J thence leaving said plat boundary North 00 03'39" West 707.85 feet; thence South 89 33'32" East 336.81 feet; thence North 00 26'28" East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 16 34'19" and being subtended by a chord which bears North 08 43'37" East 37.47 feet; thence North 17 00'47" East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94 59'52" and being subtended by a chord which bears North 30 29'09" West 582.44 feet; thence North 77 59'05" West. 144.30 feet; thence northwesterly 418.87\feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet,.through a central angle of 29 59'57" and being subtended by a chord which bears North 62 59'06" West 414.10 feet; thence North.'47 59'08" West 100.03 feet; thence west~i-ly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42 40'04" and being subtended by a chord which bears North 69 19'10" West 601.07 feet; thence South 89 20'48" West 204.55 feet to the west line of said Section 34, and the east fight-of-way line of U.S. 41; thence along said line North 00 39'20" West 665.92 feet to the POINT OF BEGINNING; LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida being more particularly described as follows: BEGINNING at the northwesterly comer of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89 33'32" East 306.56 feet to a point on the west line of Tract WF-1 (Drainage Easement) according to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public Records of Collier County, Florida; thence along said line South 00 00'00" East 481.17 feet to a point on the north line of Tract "B" (Vanderbilt Beach Road) according to the Plat of Pelican Marsh Unit Five, Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida; thence southwesterly 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00 through a central angle of 07 13'26" and being subtended by a chord which bears South 88 15'16" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00 03'39" West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less. Subject to easements and restrictions of record. Bearings are based on the north line of said Pelican Marsh Unit Five being South 89 33'32" East. Containing 573.98 acres more or less. Subject to easements and restrictions of record. 1-2 AGENDA ITEM TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west ¼ of said Section 27; thence along said west line North 00 39'12" West 827.69 feet; thence leaving said line North 89 20'45" East 577.78 feet to the Point of Beginning of the parcel herein described; thence North 57 47'59" East 46.92 feet; thence North 68 35'21" East 110.88 feet; thence North 00 39' 12" West 187.52 feet; thence North 11 43'40" East 573.08 feet; thence South 72 59'03" East 785.48 feet; thence South 00 39'15" East 27.71 feet; thence North 89 20'45" East 503.78 feet; thence South 00 39'15" East 100.64 feet; thence South 89 20'45" West 1957.22 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 9.5 acres more or less. Beatings are based on the west line of said Section 27 as being North 00 39'12" West. AND LESS THE FOLLOV(ING THREE (3) DESCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west '/4 comer Section 27, Township 48 South, Range 25 East; thence along the west line of said Section 27 North 00 39'12" West 827.69 feet; thence leaving said Section line north 89 20'45" East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89 20'45" East 366.45 feet; thence South 00 39' 15" East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38 45'23" and being subtended by a chord which bears South 64 19'09" East 46.45 feet to a point of compound curvature; thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75 25'06" and being subtended by a chord which bears South 07 14'23" East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66 43'37" and being subtended by a chord which bears South 02 54'07" East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98 42'12" and being subtended by a chord which bears South 12 56'10" West 105.98 feet; thence south 62 08'16" West 75.07 feet; 1-3 NOV 1 2002 thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central angle of 93 06'13" and being subtended by a chord which bears South 15 35'10" West 43.56 feet; thence South 30 57'58" East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14 16'43" and being subtended by a chord which bears South 23 49'37" East 19.89 feet; thence along a non-tangential line South 84 13'14" East 158.41 feet; thence South 80 55'24" East 183.78 feet; thence South 81 52'51" East 180.90 feet; thence South 00 00'00" East 261.28 feet; thence North 90 00'00" West 394.57 feet; thence North 00 00'00" East 271.73 feet; thence North 84 13'14" West 120.32 feet; thence South 33 05'40" West 54.13 feet; thence South 76 56'51" West 89.04 feet; thence North 58 35'21" \Vcst 65.19 feet; thence North 15 31'55" West 74.80 feet; thence North 00 41'41" \V¢? ! 15.24 feet; thence North 28 22'47" E:i::. !71.51 feet; thence North 17 11 '45" x~\ cs: Iv6.79 feet; thence North 13 02'52" t:~ :~ 21'i.51 feet; thence North 73 36'14" \Vcs: 54.78 feet; thence South 49 16'08" \vt:-: ! 12.78 feet; thence South 89 47'08" Wc~:! 53.08 feet; thence North 58 00'49" \Vt :' 50.49 feet; thence North 00 39'12" X~, ~'z'~ 303.49 feet to the Point of Beginning of the area herein described. Containing 7.8 acres more' c,r less. Subject to easements and rcsmctions of record. Beatings are based on the west line of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being North 00 39' 12" West. AND All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the west '/q comer of said Section 27; thence along said west line North 00 39' 12" West 827.69 feet; thence leaving said line North 89 20'45" East 2469.55 feet to the Point of Beginning of the parcel herein described; thence continue North 89 20'45" East 787.88 feet; thence South 84 45'32" West 23.43 feet; thence South 74 56'42" West 121.32 feet; thence South 79 49'51" West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39 30'16" and bein!,~ub~ chord which bears North 80 25'01" West 44.61 feet to a point of reverse cur,, aturet~° [ 14 1 9 2002 thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet through a central angle of 20 12'57" and being subtended by a chord which bears North 70 46'21" West 52.65 feet; thence North 80 52'50" West 36.59 feet; thence westerly 46.17 feet along the arc of a tangential curve concave to the south having a radius of 80.00 feet through a central angle of 33 04'13" and being subtended by a chord which bears South 82 35'04" West 45.54 feet to a point of reverse curvature; thence westerly 38.16 feet along the arc of a tangential curve concave to the north having a radius of 60.00 feet through a central angle of 36 26'18" and being subtended by a chord which bears South 84 16'06" West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential curve concave to the south having a radius of 305.00 feet through a central angle of 12 55'58 .... and being subtended by a chord which bears North 83 58'44" West 68.70 feet; thence South 89 33'17" West 18.36 feet; thence South 89 39'11" West 71.63 feet; thence North 89 35'0Y' West 36.03 feet; thence South 86 06'3Y' West 42.94 feet; thence South 83 44'08" West 26.23 feet; thence South 51 01 '05" West 27.49 feet; thence South 33 25'42" West 19.95 feet; thence South 15 39'57" West 20.54 feet; thence South 10 54'31" West 34.64 feet; thence South 89 20'06" West 101.06 feet; thence North 10 45'58" East 101.42 feet to the Point of Beginning of the parcel herein described. Subject to Easements and restrictions of record. Containing 0.48 acres more or less. Beatings are based on the west line of said Section 27 as being North 00 39'12" West. AND All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west ¼ comer of said Section 27; thence along said west line North 00 39' 12" West 827.69 feet; thence leaving said line North 89 20'45" East 3401.12 feet to the Point of l~eginning of the parcel herein described; thence continue North 89 20'45" East 443.43 feet; thence South 05 34'48" East 147.72 feet; thence South 89 20'45" West 51.56 feet; thence North 23 56'01" West 13.07 feet; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21 59'53" and being subtended by a chord which bears North 12 56'04" West 30.53 feet; thence North 05 01'01" West 31.56 feet; thence North 36 19'27" West 32.02 feet; 1-5 NOV 1 9 2002 thence North 56 04'43" West 35.11 feet; thence North 80 39'23" West 32.53 feet; thence North 88 39'20" West 97.78 feet; thence North 86 04'48" West 45.79 feet; thence North 89 49'56" West 132.77 feet; thence North 69 40'18" West 37.23 feet to the Point of Beginning Of the parcel herein described. Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00 39' 12" West. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: Beginning at the northwest comer of said Section 35; thence along the north line of said Section 35 North 89 45'35" East 5231.69 feet to the west right-of-way line of Airport-Pulling Road (C.R. 31); thence along said westerly right-of-way line South 00 31'47" East 5258.31 feet to the south line of said Section 35; thence along said south line South 89 39'22" West 2541.65 feet to the south ¼ comer of said Section 35; thence~ continue along said south line South 89 39'32" West 2641.33 feet to the southwest comer of said Section 35; thence along the south line of said Section 34 South 89 51'02" West 391.57 feet to the boundary line of a parcel described in O.R. Book 524, page 121 of the Public Records of Collier County, Florida; thence along the boundary of said parcel North 01 03'33" West 295.29 feet; thence continue along the boundary of said parcel South 89 51'02" West 443.28 feet to the easterly right-of way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County, Florida; thence along said easterly right-of-way line North 07 09'08" East 1729.52 feet; thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12 42'18" and being subtended by a chord which bears North 00 47'59" East 648.37 feet; thence continue along said right-of-way line North 05 33'10" West 2628.44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line of said Section 34 South ~ ) 31 '31" East 772.91 feet to the Point of Beginning. Lontaining 708.39 acres more or less. Subject to easements and restrictions of record. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL Beginning at the northeast comer of said Section 36; thence along the east line of said Section, South 02 12'03" East 2671.63 feet to the east ¼ comer of said Section 36; thence continue along the east line of said Section 36 South 02 06'28" East 2519.08 feet to a point on the northerly right-of-way line of Vanderbilt Beach Road; AGENDA ITEI~ 1-6 NOV 1 9 2002 thence along said northerly right-of-way line North 89 39'39" West 2855.35 feet; thence continue along said line North 89 43'59" West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road (C.R. 31); thence along said easterly right-of-way line North 00 31'47" West 4490.03 feet to the southwest comer of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south line of said land North 89 27'57" East 15.00 feet; thence along the east line of said land North 00 31 '47" West 80.00 feet; thence along the north line of said land South 89 27'57" West 15.00 feet to the east right-of- way line of Airport Road (C.R. 31); thence along said right-of-way North 00 31'47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89 27'57" East 3914.28 feet to the southwest comer of the east ½ of the east ½ of said Section 25; thence along the west line of the east ½ of the east ½ of said Section 25 North 01 54'09" West 2668.19 feet; thence continue along the west line of the east ¥, of the east ½ of said Section 25 North 01 57'16" West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said right-of-way North 89 14'36" East 1325.57 feet to the east line of said Section 25; thence along said east line of Section 25 South 02 06'59" East 2569.75 feet to the east ¼ comer of Section 25; thence continue along said east line of Section 25 South 02 00'46" East 2670.97 feet to the Point of Beginning. Containing 789.67 acres more or less. Subject to easements and restrictions of record. Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 35, being North 89 45'35" East. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS WITHIN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: Parcel I: N ½ of the SE ¼ of the SW ¼ of Section 31, Township 48 South, Range 26 East, Collier Couv. ty, Florid ,. Parcel II: S ½ of the NE ¼ of the SW ¼ of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel m: N,.½ of-the. SW ¼ of the NW ¼ of Section 31, Township 48 South, Range 26 East, Collier County, Florida. 1-7 NOV 1 9 2002 I Pg.~ 1.3 1.4 Parcel IV: S ½ of the SW ¼ of the NW ¼ of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel VI: N ½ of the SW ¼ of the SW ¼ of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel VII: NW ¼ of the SW ¼ of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcels I, II, m, IV, vi and ~ contain a total of 141.61 acres, more or less. Total parce!~contains 2214 acres, more or less. PROPERT'~ OVvSqERSHIP The subject property is currently under the equitable ownership or control of WCI Communities, Inc., whose address is 24301 Walden Center Drive, Bonita Springs, Florida 34134. GENERAL DESCRIPTION OF PROPERTY Co Do The project site is located in Sections 25, 27, 34, 35, and 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, and is generally bordered on the west by Tamiami Trail North (U.S. 41); on the north by undeveloped land, Victoria Park Subdivision, Crescent Lake Estates, Four Seasons and Immokalee Road (C.R. 846); on the east by the future Livingston Road and the Wilshire Lakes Subdivision; and on the south by Pine Ridge Subdivision and Vanderbilt Beach Road, Monterey PUD, Emerald Lakes PUD, and Vineyards PUD. The location of the site is shown on Map H-3 of the Pelican Marsh Community Notice of Proposed Change (NOPC) Application. The zoning classification of the subject property as of this submittal is PUD (Planned Unit Development). Elevations within tl' ~ site range from 6 feet to 14 feet above mean sea level with an average of approx:, ~tately 11.0 feet. Per FEMA Firm Map Panels Nos. 120067- 0193D, 0195D, 0381D, and 0385D dated June 3, 1986, the Pelican Marsh property is located within both zones "AE" and "X". Topographic mapping is shown on Map C of the Pelican Marsh Community Application for Development Approval. The soil types on the site generally include Immokalee fine sand; Myakka fine sand; Hallandale fine sand, Pineda fine sand, limestone substratum, Basinger fine sand; Fort Drum and Malabar high fine sands; Boca fine sand; Chobee, Winder and Gator, depressional; Holopaw and Okeelanta soils depressional; Boca, Riviera limestone substratum; Copeland fine sand; Holopaw fine sand; Urban Land; Urb n Limd _ _ 1-8 NOV 1 9 2002 Fo Holopaw Basinger complex; Urban Land Immokalee Oldsmar Limestone Substratum complex; Satellite fine sand; and Urban Land Satellite Complex. Soil Conservation Service mapping of soil types is shown on Map E of the Pelican Marsh Communit' Application for Development Approval, and Map E of the NOPC. Prior to development, vegetation on site primarily consisted of agricultural fields, (active and abandoned) including agricultural facilities, pine flatwoods, Brazilian Pepper, and Melaleuca dominated areas, Cypress and mixed pine and Cypress, disturbed areas, and Saw Palmetto prairies. Detailed vegetation mapping is shown on Map F of the Pelican Marsh Community Application for Development Approval, and Map F ofthe NOPC. The project site is located within the Cocohatchee River Basin as depicted within the Collier County Drainage Atlas (1993). The general surface drainage pattern of the site west of Airport road runs in a south to north direction into the Pine Ridge Canal. The drainage pattern of the site east of Airport road runs in an east to west direction into the Airport Road Canal. Both canals eventually discharge into the Cocohatchee River. The Stonnwater Management Master Plan is shown on Map I of the Pelican Marsh Community Application for Development Approval, and Map I of the NOPC. 1.5 1.6 DEVELOPMENT OF REGIONAL IMPACT Due to its scope, the Pelican Marsh Community has been reviewed and approved by Collier County pursuant to Section 380.06, Florida Statutes, as a Development of Regional Impact (DRI). The Developer has also received approval from the Florida Department of Community Affairs (DCA) for an application for a Preliminary Development Agreeme? (PDA) encompassing 1,086.5 acres of the Pelican Marsh Community. This approval provided the State's authorization for the commencement and development of the first phase of the Community, which is below 80% of any applicable DRI threshold. DENSITY Acreage of the Pelican Marsh Community is approximately 2214 acres and the number of dwelling units authorized to be built pursuant to this PUD is 4800. The gross project density, therefore, will be a maximum of 2.16 units per acre. At all times all property included within the pelican marsh community shall be included in determining project density, including property reserved or dedicated for public uses, such as, but not limited to, public roadways. 1-9 NOV 1 9 200, SECTION II PROJECT DEVELOPMENT 2.1 2.2 PURPOSE The purpose of this Section is to generally describe the plan of development for the Pelican Marsh Community, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Pelican Marsh Community, a private community, will include a broad range of single family and multi-family housing; 72 holes of golf with clubhouses and other associated facilities; a master planned activity center, including a resort hotel and cultural facilities; stormwater management lakcs_: open spaces and reserve areas. The Master Plan is illustrated grapl'.ically on Johnson Engineering, Inc., File No. 19991406, Map H-3, attached hereto as ! ,:hibit "A". A Land Use Summary indicating approximate land use acreages is shown o:~ ~l'~e Plan. The location, size, and configuration of individual tracts shall be determined a~ ~i'.: time of Preliminary Subdivision Plat approval with minor adjustments at the time of }:i:~: ~ Plat approval, in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier Co'amy Land Development Code. 2.3 GENERAL COMPLIANCE ',:, i TH COUNTY ORDINANCES Co Regulations for development of Pelican Marsh Community shall be in accordance with the contents of tlds PUD Ordinance and applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this pUD Ordinance) which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993 and amended on April 19, 1994. Where this PUD Ordinance or subsequently ado' led Community Design Guidelines and Standards fail to provide developmental stan ards, then the provisions of the most similar zoning district or section of the Collier County Land Development Code shall apply. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of development order application. Development permitted by the approval of this PUD will be subject to a concurrency review under the Adequate Public Facilities Ordinance Article 3, Division 3.15 of the Collier County Land Development Code. ~,c~'~,~ 2-1 NOV 1 9 2002 Do Eo Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain ir effect with respect to the development of the land which comprises this PUD. All conditions imposed herein or as represented on the Pelican Marsh Community Master Plan are part of the regulations which govern the manner in which the land may be developed. The Subdivisions Division of the Collier County Land Development Code (Article 3, Division 3.2) shall apply to the Pelican Marsh Community, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code, Section 3.2.4. The Site Development Plans Division of the Collier County Land Development Code (Article 3, Division 3.3) shall apply to Pelican Marsh Community, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code, Section 3.3.4. 2.4 2.5 COMMUNITY DEVELOPMENT DISTRICT The developer has established the Pelican Marsh Community Development District (PMCDD) to design, construct, manage, and maintain infrastructure and community facilities needed to serve the Project. The PMCDD constitutes a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed bv the PMCDD shall be subject to, and shall not be inconsistent with, the Collier Count, Growth Management Plan and all applicable ordinances dealing with planning and permitting of the Pelican Marsh Community. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timel); and sustained provision of quality infrastructure under the terms and conditions of County development approval. ROADWAYS Roadways witlSn the I ~.lican Marsh Community are included as one of the PMCDD provided infrastructure improvements. Standards for roads shall be in compliance with the applicable provisions of Collier County Land Development Code regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Article 3, Division 3.2., Section 3.2.7.2 of the Collier County Land Development Code. The Developer also reserves the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all privately owned and maintained project roadways. 2-2 NOV I 9 2002 2.7 2.8 2.9 2.10 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director and the Pelican Marsh Design Review Committee (PMDRC). All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1., however removal of fill from the Pelican Marsh Community shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. MODEL HOMES/SALES CENTERS Model homes, sales centers and other uses and structures related to the promotion and sales of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Pelican Marsh Community subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the Collier County Land Development Code. CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. Minor changes and refinements as described in Section 8.3 of this PUD Document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. COMMON AREA MAINTENANCE Most common area mainteaance w 1 be provided by the PMCDD. The PMCDD is a legitimate alternative for the timely and sustained provision of a quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by the PMCDD, the Developer has created a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The PMCDD, or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving the Pelican Marsh Community, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, or successor ordinance, together with any applicable permits from the Florida Department of Environmental Protec~ ~ Corps of Engineers, and South Florida Water Management District. no._~[t'] _[-2~_ . 2-3 2002 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS '2.12 Landscape buffers, bem~s, fences and walls are generally permitted as principal uses throughout the Pelican Marsh Community. The following standards shall apply: Bo Co Do Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip-Rap berms 1:1 4. Structural walled berms - vertical Fence or wall maximum height: six feet (6'), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the wall shall not exceed six feet (6') in height from the top of the berm elevation for berm elevations with an average side slope of 4:l or less, and shall not exceed four feet (4') in height from the top of the berm elevation for berms with average side slopes of greater than 4:1 (i.e. 3:1). Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Pelican Marsh Community PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape easement on final plats, or in a separate recorded instrument. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall not be subject to the height limitations set forth under Section 2.11 B, of this document and shall be governed by the height limitations for principal structures of the district in which they are located. In the case of access control structures within right-of-ways adjoining two or more different districts, the more restrictive height standard shall apply. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers subject to review and approval by the PMDRC. FILL STORAGE Fill storage is generally permitted as a principal use throughout the Pelican Marsh Community. Fill material generated from properties owned or leased by the Developer may be transported and stockpiled within areas that have been disturbed/farmed. Prior to stockpiling in these locations, a Letter of Notification along with plans showing the locations and- cross-sections shall be submitted to Collier County Engineering Review Services for review and approval. The following standards shall apply: A. Stockpile maximum side slope 3:1 2-4 NOV 1 9 2002 2.13 B. Stockpile maximum height: thirty-five feet (35') C. Fill storage areas shall be screened with a security fence at least six feet (6') in height above ground level. D. The following FLUCCS Code lands as shown on Map F of the Pelican Marsh Community Application for Development Approval may be used for fill storage: 200, 212, 214, 422, 424, 740. E. Fill storage in excess of five feet (5') in height shall be located no closer than three hundred feet (300') from any developed residential properties. F. Soil erosion control shall be provided in accordance with Collier County Land Development Code, l~ivision 3.7. G. Fill storage shall noS, be permitted in areas occupied by threatened or endangered species unless an approved management plan permits such use. DESIGN G~3I)ELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Article 2, Division 2.2, Section 2.2.20.1. The Pelican Marsh Community is planned as a private, large scale, functionally interrelated community under unified control, to be developed over an extended time period. Developer has established community-wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities, which include features and facilities such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. Upon approval of specific guidelines and standards by Collier County and the Developer, those guidelines shall be considered as supplemental standards or requirements of this Planned Unit Development Ordinance. The Developer will also establish supplemental design guidelines and standards by means of recorded covenants, conditions, and restrictions, the existence of which shall be noted on the Final Subdivision Plat or Final Site Development Plan. Said covenants, conditions, and restrictions shall provide the prior to submittal of an application for Preliminary Subdivision Plat, Final Subdivision Plat or Site Development Plan Appli. ~tion to Collier County, an applicant must first submit the application to the PMRDC for review and approval. Collier County shall not accept any such application for processing unless it is accompanied by a letter indicating the Developer's review and approval. 2.14 REQUIRED ENVIRONMENTAL PERMITS Where the development of land within this Planned Unit Development requires a permit from a local, state, or Federal Agency with jurisdiction over the property (regulating agency) proposed for development, then the Developer shall obtain such permits a~ may li~t~la~ 2-5 NOV 1 9 2002 .g .__ 2.15 2.16 prior to the commencement of construction or alteration of the land specifically requiring such pemfit. Where such regulating agency issues a permit, Collier County shall not impose conditions, exactions or modifications that are in conflict with or exceed the requirements of the issued permit, provided that Collier County may impose conditions that exceed and are not in conflict with the issued permit if Collier County's regulatory jurisdiction as provided in the Collier County Growth Management Plan and Land Development Code exceeds that of the other regulating agencies. In such a case, Collier County's environmental permitting guidelines and requirements shall control relative to the specific County permit only. Construction approvals from Collier County may be phased to allow construction of portions of a particular use that do not impact lands which require an environmental permit, provided that such environmental permits have been applied for and are being processed by the appropriate agencies, and subject to the understanding that it is the Developer's sole risk if such permits are not finally issued to allow completion of the proposed use. PRELIMINARY SUBDi¥ISION PLAT PHASING Due to the size and anticipated build-out period of the Pelican Marsh Community, submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Pelican Marsh Community PUD except in the Reserve District. General permitted uses are those uses which generally serve the Developer and residents of Pelican Marsh Community and are typically part of the common infrastructure or are considered community facilities. General Permitted Uses: 1. Essential services as set forth under Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2 1 1 r~fthie~pl_r~_. AGENDA gTE~'' I'1 _. 2-6 NOV 1 9 20112 Bo 9. Fill storage subject to the standards set forth in Section 2.12 of this PUD. 10. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - fifteen feet (15') except for guard houses, gatehouses, and access control structures which have no required setback. 2. Setback from property lines - one half(I/2) the height of the structure. 3. Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). 4. Minimum distance between unrelated structures - ten feet (10'). 5. Maximum hcight of structures -twenty-five feet (25'). 6. Minimum floor area - None required. 7. Minimum lc' .-~; parcel area - None required. 8. Sidewalks. bii~cpaths, and cart paths may occur within County required buffers; h:.:.. ~- the width of the required buffer shall be increased proportionat~i) lo the width of the paved surface of the sidewalk, bikepath, or cartpath. 9. Standards £c :.'.,'king, landscaping, signs and other land uses where such standards a:~, ~:~,t specified herein or within the adopted Pelican Marsh CommuniLv ,-!:: ~ign guidelines and standards, are to be in accordance with Collier Co~:-,:y Land Development Code in effect at the time of Site Developmcnt Plan Approval. 2.17 2.18 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 1327.3 acres included in the Golf Course/Recreation and Open Space District, Reserve District, lake, and miscellaneous open space buffer designations. These areas, in conjunction with open space areas included witbin the Residential District, fully satisfy the open space requirements of Article 2, Division 2 6, Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, 25% of the viable natural functioning native vegetation on site shall be retained. The total area of viable natural functioning native vegetation within the PUD boundary is 942.54 acres, therefore 235.66 acres are required to be retained. This requirement is fully satisfied within the Reserve District and no furth .'r nre~er~ati,,,~ L'2 required. -- AGE. NDA__ITE~ _ 2-7 no~~ NOV 1 9 2002 2.19 SIGNAGE A. All Collier County sign regulations in force at the time of approval of this PUD rezoning action shall apply unless such regulations are in conflict with the conditions set forth in this section, in which case the PUD Document shall govern. B Boundary marker monuments containing project identification signs designed to promote the project or any major use within the project shall be permitted along the project boundaries on U.S. 41, Goodlette-Frank Road, Vanderbilt Beach Road, Airport Road, and future Livingston Road. V-type boundary marker monuments shall be permitted only at intersections. C. A maximum often (10) boundary marker monuments shall be permitted. D. The sign face area of each side of the boundary marker monument may not exceed 64 square feet. The edges of any sign face may not extend above the top or beyond the comer edge of any boundary marker monument on which it is located. If the boundary marker monument is two-sided, each sign face may not exceed 64 square feet of area. E. Each side of a boundary market monument may contain up to four (4) individual project, business or directional identifications (message areas), as long as the total sign face does not exceed 64 square feet of area. The size of the words, letters, graphics, and the typography and color scheme used in each individual project, business or directional identification on a sign on a boundary marker monument shall be similar to and consistent with the other identifications placed on the same boundary marker monument. F. Entrance signs may be located at each entrance to the project and may be one, two or three-sided. Such signs may contain up to four (4) individual project, business or directional identifications (message areas) per side, as long as the total sign face on each side does not exceed 64 square feet of area. Where a three-sided sign is utilized, the third sign side shall face internal to the development and the sign message area shall not exceed 10 square feet. The size of the words, letters, graphics, and the typography and color scheme used in each individual project, business or directional identifications on an entrance sign shall be similar to and consistent with the other identification placed on the same sign. A maximum of two 1-sided, one 2-sided, or one 3-sided entrance signs may be permitted at each entrance, with the exception of the entrance on the east side of Airport Road where 3 1-sided entrance signs may be permitted. G. Boundary marker monuments and entrance signs may not exceed a height of 8 feet above the crown of the nearest road, unless the sign (or wall containing the sign) is constructed on a perimeter landscape berm, in which case the sign shall not exceed a height of 8 feet. H. Boundary marker monuments and entrance signs may be lighted provided all lights are directed to the sign or are shielded. 2-8 AGENDA II'F.M~ NOV 1 9 2002 SECTION III RESIDENTIAL LAND USE DISTRICT 3.1 3.2 3.3 3.4 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "R". MAXIMUM DWELLING UNITS A maximum number of 4800 residential dwelling units may be constructed on lands designated "R". GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational and educational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: Principal Uses: 1. Single Family Detached Dwellings. 2. Single Family Patio and Zero Lot Line Dwellings. 3. Two-family and Duplex Dwellings. 4. Single Family Attached and Townhouse Dwellings. 5. Multi-Family Dwellings including Garden Apartments. 6. Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address s~e.. location, size, ingress and egress, and buffering requirement ~'tF~ the Multi-family Development Standards set forth in Table I. 7. Schools (public or private) 8. Assisted Living Facilities, Group Care Facilities (Category I and II), Care Units, Nursing Homes, and Family Care Facilities (collectively ALF) onl) east of Airport Road. 9. Rental Residential Units Up to 50 residential units, which shall not be subject to the definition of "dwelling, multiple family", contained in Division 6.3 of the Land Development Code, may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the activity center or the entity owning the golf course use. Each residential unit shall constitute and be counted as one of the 4800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. 10. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" district. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS io Co Table I sets forth the development standards for land uses within the "R" Residential District. Site development standards for categories 1-4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 32_Division NOV 1 9 2002 Fo 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to Section 2.17 of this PUD. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3, Four Seasons Subdivision zoned RSF-2, and Quail Woods Estates zoned RSF-2 shall be limited to single ~mily dwellings, multi-family dwellings, water management facilities and lakes, and customary single family accessory uses. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-4 or RMF-12 and Quail Woods Estates zoned RMF-6 shall be limited to single, two-family, and multi-family dwell~gs, water management facilities and lakes and customary residential accessory uses. Where multi-family uses abut off-site single family uses, there shall be a minimum separation of one hundred feet (100') between the two uses. In addition, a platted right-of-way or platted landscaped buffer, a minimum width of thirty feet (30') and meeting the opacity requirements of an alternative type "C" buffer as described in the LDC, must be provided within the one hundred feet (100'). Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve a development exceeding 96 units. A cul-de-sac road within the development may have abutting surface parking where the parking serves 24 units or less. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road, with the exception of cul-de-sacs serving 24 units or less. Single family patio and zero lot lihes dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table I. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code, Article 2, Division 2.6, Subsection 2.6.27. Attached or detached courtyard residences which include cabana bedrooms separately accessed from the courtyard and not from the main house are permitted providing that: 1. The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance in elevation from the street of being one single family residence. 2. The cabana structures must be accessible only from the enclosed courtyard and must not be directly accessible from the street; and 3. The cabana structure may not contain primary cooking facilitie NOV 1 9 2002 3-3 TABLE I PELICAN MARSH COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES SINGLE PATIO & TWO SINGLE FAMILY MULTI ASSISTED AND STANDARDS FAMILY ZERO LOT FAMILY & ATTACHED AND FAMILY LIVING DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS FACILITIES Category I 2 3 4 5 8 Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF 3,000 SF*4 1 AC 1 AC Minimum Lot Width *5 75 50 35 30 150 ! 50 Front Yard 25 20 *3 20 *3 20 *3 25 25 Front Yard for Side Entry Garage 15 10 I 0 I 0 15 15 Side Yard 7.5 *6 0 or 7.5 0 or .5 BH .5 BH 20 or .5 BH Rear Yard Principal 20 10 20 20 BH BH Rear Yard Accessory 10 5 10 10 15 15 Rear Yard Special *1 10 i 5 I0 10 .5 BH .5 BH Maximum Building Height *2 35 ! 35 35 35 50 50 Distance Between Principal Structures 15 10 0 or 15 .5 SBH .5 SBH .5 SDP Floor Area Min. (S.F.) 1800 SF : 1600 SF 1600 SF 1200 SF 1000 SF *8 N/A *7 B__H_H: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. All distances are in feet unless otherwise noted. *1 - With approval from PMDRC, rear yards for principal structures on lots which abut golf course, lake, open space, or reserve areas. Setback from lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Planning Services Department. With approval from PMDRC, front yards shall be measured as follows: A. If the parcel is served by a public fight-of-way, setback is measured from the adjacent right-of-way lines. B. lfthe parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge ofpavement (if not curbed). *2 - ~3uilding height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation oft~ ; structure. *3 - 5ingle family dwellings which provide for 2 parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 5' for the garage and 15 feet for the remaining structures. *4 - Each half ora duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. *5 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is still maintained. *6 - Zero feet (0') or a minimum of five feet (5') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a 10 foot (10') yard. Zero foot (0') yards may be used on both sides of a structure provided that the opposite ten foot (10') yard is provided. Patios, pools and screen enclosures may encroach into the 10' yard and may attach to the adjoining dwelling provided an easement is 3-4 granted from the adjoining dwelling unit owner. *7 - For density comparison, each residential unit shall equal 4.0 ALF units. *8 - Structures east of Airport Road have a minimum floor area of 750 S.F. NOV 1 9 2002 SECTION IV GOLF COURSE, RECREATION AND OPEN SPACE DISTRICT 4.1 4.2 4.3 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "GCO" and Miscellaneous Open Space/Buffer. GENERAL DESCRIPTION Areas designated as "GCO" and Miscellaneous Open Space/Buffer on the Master Plan are designed to accommodate a ftdl range of golf course, recreational, water management and open space uses, as well :~ to provide lands for community-related ancillary uses and essential services. PERMITTED USES AND STRUCTURES No building or structure, c,: :,:trt thereof, shall be erected, altered or used, or land or xvater used, in whole or in pan, tbr ::.tSer than the following: Bo Permitted Princip::; >cs and Structures 1. Golf course':. :,::,If clubhouses, golf facilities, golf teaching facilities including classroom s~ ~.' ~ emporary golf clubhouses. 2. Tennis club:: i:ealth spas, equestrian clubs, and other recreational clubs. 3. Project info~-~afion and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "GCO" and Miscellaneous Open Space/Buffer District. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this district. 2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, s_helters, AGENDA snack bars, golf course maintenance yards. 4-1 NOV 1 9 2002 o Retail establislm~ents accessory to the permitted uses of the District such as, but not limited to, golf, tennis, and recreational related sales. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. Telecommunications facilities. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "GCO" and Miscellaneous Open Space/Buffer District. 4.4 DEVELOPMENT STANDARDS G. H. I. J. Ko Principal structures shall be set back a minimum of twenty feet (20') from "GCO" and Miscellaneous Open Space/Buffer District boundaries and private roads, and fifty feet (50') from all PUD boundaries and residential tracts, except where the PUD abuts the Collier County Wastexvater Treatment Plant or a public right-of-way, in which case the setback shall be one half(I/2) the height of the structure. Accessory structures shall set back a minimum of ten feet (10') from "GCO" and Miscellaneous Open Space/Buffer District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts, except where the PUD abuts the Collier County Wastewater Treatment Plant or a public right-of-way, in which case the setback shall be one half(I/2) the height of the structure. Lighting facilities shall be arranged in a manner which will protect roadways and residential prop erties from direct glare or unreasonable interference. Maximum height of structures - Fifty feet (50'). Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). Minimum distance between all other principal structures - Twenty feet (20'). Minimum distance between all other accessory structures - Ten feet (10'). Minimum floo area - None required. ' Minimum lot t r parcel area - None required. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf course parking. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area and~rcl .... h, ~t~ principal structures. 4-2 NOV 1 9 2002 SECTION V RESERVE DISTRICT 5.1 5.2 5.3 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan, as "Reserve." GENERAL DESCRIPTION Areas designated as "Reserve" on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve District is to retain viable naturally functioning wetland and xeric upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of the Pelican Marsh Community residents. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: io Permitted Principal Uses and Structures 1. Passive recreational areas, boardwalks, including recreational shelters and restrooms. 2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands). 3. Paved golf cart paths and unpaved pedestrian paths in xeric uplands. 4. Water management facilities, structures and lakes, including lakes with bulkheads or other architectural treatments. 5. Mitigation areas as provided in the Cocohatchee Strand Restoration Plan and other applicable permits. 6. Roadway crossings and utility crossings at Pelican Marsh Boulevard, Vanderbilt Beach F )ad, Goodlette-Frank Road, and the Cocohatchee Strand Golf Course crossinw'reconnection area. 7. · Utility lines in xeric uplands. 8. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Reserve District. 5-1 / NOV 1 5 2002 1 5.4 DEVELOPMENT STANDARDS D. E. F. G. H. All structures shall set back a minimum of five feet (5') from Reserve Distr: boundaries and roads, except for pathways, boardwalks and water managemem structures, which shall have no required setback. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures - Twenty-five feet (25'). Minimum distance between principal structures - Ten feet (10'). Minimum distance between accessory structures - Five feet (5'). Minimum floor area - None required. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community Design Guidelines and Standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County La. Development Code Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction ow:r Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies, and as set forth in PUD Section 8.13 hereof. The Developer, its successor or assigns, the Pelican Marsh Foundation or the PMCDD shall be responsible for control and maintenance of lands within the Reserve District. Conservation easements shall be recorded in conformance with the Preliminary Work Authorization as amended on April 19, 1994. 5-2 NOV 1 9 2002 6.1 6.2 6.3 6.4 SECTION VI COMMUNITY FACILITY DISTRICT PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "CF". MAXIMUM SQUARE FOOTAGE A maximum of 50,000 square feet (gross floor area) of Community Facility Uses may be constructed on lands designated "CF". GENERAL DESCRIPTION x, Areas desigpated as "CF" on the Master Plan are designed to accommodate a full range of cultural use{; essential services, and customary accessory uses. The approximate acreage of the "CF" District is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of. all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Cultural Center tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: to B Principal Uses: All uses normally associated with a community facility including but not limited to: 1. Churches and places of worship 2. Governmental buildings 3. Child daycare facilities 4. Civic, social and fraternal associations 5. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "CF" District. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with the principal uses permitted in the district. AC.,~_~A ~W.~ 2. Recreational facilities. ~ ] ~. 6-1 NOV 1 9 2002 3. Classroom facilities. 4. Any other accessory uses which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "CF" district. 6.5 DEVELOPMENT STANDARDS Ao Co Do H. I. J. K Principal structures shall be set back a minimum of twenty feet (20') from "CF" District boundaries and private roads, and fifty feet (50') from all PUD boundaries, public roads and residential tracts. Accessory structures shall be set back a minimum of twenty feet (20') from District boundaries and private roads, and twenty feet (20') from PUD boundaries, public roads and residential tracts. Setback from lakes for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD, and Collier County Development Services Department. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures - Eighty feet (80'). Minimum distance between principal or accessory structures which are a part of,an architecturally unified grouping - Ten feet (10'). Minimum distance between all other principal structures - Twenty feet (20'). Minimum distance between all other accessory structures - Ten feet (10'). Minimum floor area - None required. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 6-2 NOV 1 9 2002 SECTION VII ACTIVITY CENTER DISTRICT 7.1 7.2 7.3 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "AC". MAXIMUM SQUARE FOOTAGE/ROOMS A maximum of 381,000 square feet gross floor area(331,400 square feet leasable floor area) of retail uses; 295,800 square feet gross floor area of office use, including up to 26,000 square feet of medical offices, and 450 hotel rooms may be constructed on lands designated "AC." GENERAL DESCRIPTION Areas designated as "AC" or~ the Master Plan are designed to accommodate a full range of retail, service and office commercial uses, essential services, and customary accessory uses. 7.4 The approximate acreage of ~he "AC" District is indicated on the Master Plan. This acreage is based on conceptual dc~i:" and is approximate. Actual acreages of all development tracts will be provided at thc' fim~~ of Site Development Plan or Preliminary Subdivision Plat approvals in accordance v:i!!',. Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land ~;.-. opment Code. Activity Center tracts are designed to accommodate internal ro:,:.',~.:~i,'s, open spaces, lakes and water management facilities, and other similar uses found h: :'~: :ivity Center areas. PERMITTED USES AND ~-' ?~.UCTURES No building or structure. ,,: ?~rt thereof, shall be erected, altered or used, or land used, in whole or part, for other th:: the following: Ao Permitted Princip~'~ L ses and Structures: 1. Accounting.. Auditing and Bookkeeping Services (Group 8721). 2. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997). 31 Apparel and Accessory Stores (Groups 5611-5699). 4. Automotive Dealers and Gasoline Service Stations (Groups 5511-5599). 5. Automotive Repair, Services, and Carwashes (Groups 7514, 7515, 7542). 6. Building Materials, Hardware and Garden Supplies (Groups 5211-5261). 7. Business Services (Groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 8. Commercial Printing (Group 2752, excluding newspapers). 9. Depository Institutions (Groups 6011-6099). 10. Eating and Drinking Establishments (Group 5812, 5813). 11. Engineering, Accounting, Research, Management and Relat. e_~_Services (Groups 8711-8748). ,~C,E~ field. 12. Food Stores (Groups 5411-5499). I~_[r'~ .~ 7-1 NOV 1 9 2002 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. General Merchandise Stores (Groups 5311-5399). Glass and Glazing Work (Group 1793). Golf Club Facilities including Ancillary Teaching Facilities and Temporar2. Golf Clubhouses (Groups 7992, 7997, 7999). Group Care Facilities (Category I and II), Care Units, Nursing Homes and Family Care Facilities (Groups 8051 excluding mental retardation hospitals, 8052, 8059). Health Services (Groups 8011-8049, 8082, 8093, 8099). Holding and Other Investment Offices (Groups 6712-6799). Hotels and Motels not to exceed 450 rooms (Groups 7011, 7021, 7041). Home Furniture, Fumishing, and Equipment Stores (Groups 5712-5736). Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411). Legal Services (Group 8111). Libraries (Group 8231). Membership Organizations (Groups 8611-8699). Miscellaneous Repair Services (Groups 7622-7641, 7699 except agricultural equipment repair; awning repair; beer pump coil cleaning and repair; blacksmith shops; catch basin, septic tank and cesspool cleaning; coppersmithing; farm machinery repair; fire equipment repair; furnace and chimney cleaning; industrial truck repair; machinery cleaning; repair of service station equipment; boiler cleaning; tinsmithing; tractor repair). Miscellaneous Retail (Groups 5912-5963, 5992-5999). Motion Picture Theatres (Group 7832). Multi-Family Dwellings including Garden Apartments. Non-Depository Credit Institutions (Groups 6111-6163). Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7261 except crematories, 7291-7299). Real Estate (Groups 6512, 6531, 6541). Resort Recreation Facilities including but not limited to Tennis Clubs, Health Spas, Equestrian Clubs and other Recreational Clubs (Groups 7991, 7999). Public Administration (Major Groups 91, 92, 93, 94, 95, 96, 97). Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7997, 7999). Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211-6289). Social Services (Groups 8322-8399). United States Postal Service (Group 4311 except major distribution center). Veterinary Services (Groups 0742, 0752 excluding outside kenneling). Video Tape Rental (Group 7841). Vocational Schools (Groups 8243-8299). Uses permitted under Section 3.4 of this PUD, subject to the Development Standards of Section 3.5. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the "AC" district. 7-2 ! NOV 19 2002 P~. ~.~.~_~ 7.5 Bo Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses pemfitted in this District. Customary accessory uses for hotel and motel principal uses including but not limited to shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel, with common architectural standards, even if contained in a free- standing building. Other accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses such as pool, tennis facilities, parks, playgrounds and playfields. Up to 50 residential units which shall not be subject to the definition of "dwelling, multiple-family", contained in Division 6.3 of the Land Development Code may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the Activity Center or the entity owing the golf resort use. Each residential unit shall constitute and be counted as one of the 4,800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "AC" district. DEVELOPMENT STANDARDS mo Minimum Yard Requirements: 1. Front Yard: Twenty-five feet (25') minimum or one-half the building height, whichever is greater. 2. Side Yard: Fifteen feet (15'). 3. Rear Yard: Fifteen feet (15'). 4. Any yard abutting a residential parcel: Twenty-five feet (25'). 5. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD and Collier County Development Services Department. Bo Co Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures - One hundred feet (100'). 7-3 NOV 1 9 2002 D. Minimum distance between all other principal structures - Twenty feet (20'). Jo Ko Minimum distance between all other accessory structures (excluding drive-through facilities) - Ten feet (10'). Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. Minimum lot or parcel area - Ten thousand (10,000) square feet. Minimum lot width - Seventy-five feet (75'). Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. The maximum density for Adult Congregate Living Facilities and other types of elderly housing shall be twenty-six (26) units per gross acre. The net platted parcel density of hotel rooms per acre may exceed twenty-six (26) rooms per acre; however, the total number of hotel rooms permitted in the Activity Center District shall be 450. 7-4 NOV 1 9 2002 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8.1 8.2 8.3 PURPOSE The purpose of this Section is to set forth the development commitments of the Developer within the Pelican Marsh Community. GENERAL ~, All facilities shall be const~cted in accordance with the final site development plans, the final subdivision plans, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this Document,!i~ior as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. In addition, the Master Plan and the regulations of the PUD Document as adopted along with any other spe6ific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer, its successors and assigns shall be bound by said documents, commitments and stipulations. MASTER PLAN The Master Plan, Map H-3 attached hereto as Exhibit "A" (Johnson Engineering, Inc., File No. 19991406) is an illustrative preliminary development plan. The design elements and layout illustrated on the Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this Ordinance. The Development Services Director shall be authorized to approve minor changes and refinements to the Pelican Marsh Community Master Plan upon written request of the Developer. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Pelican Marsh Community PUD Document. 2. The minor change or refinement shall meet the criterion of Section 380.06(19)(e)2., Florida Statutes, and shall not require a determination_:_ and Public Heating pursuant thereto. AGE~Q)A ITEM 8-1 NOV 1 9 2002 Bo Co 3. The minor change or refinement shall not constitute a substantial change pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.1. of the Collier Count~ Land Development Code. 4. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and Reserve Areas within or external to the PUD. The following shall be considered minor changes or refinements, subject to the limitations of PUD Section 8.3.A: 1. Reconfiguration of Reserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County, and where there is no further encroachment into Reserve Areas. 3. Reconfigurat~on of golf course envelopes and design features. 4. Internal reali~m~ent of rights-of-way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into Reserve Areas. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Development Services Director's consideration for approval. Approval by the Development Services Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 8.4 POLLING PLACES Pursuant to A_ 5cle 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement between the Supervisor of Elections and the Developer was recorded in the official records of the Clerk of the Circuit Court of Collier County, and is binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations or tenant associations. This agreement provides for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. AG~_~::)~ ~ 8-2 NOV 1 9 2002 8.5 8.6 8.7 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. SUNSETTING This PUD is subject to the sunsetting provision as provided in Article 2, Division 2.7., Section 2.7.3.4 of the Collier County Land Development Code, until such time as Collier County issues a DRI Development Order for the Pelican Marsh Community, at which time the provisions of the Development Order relative to duration and effective date shall govern. TRANSPORTATION Fo Go The Developer shall provide appropriate left and/or right tum lanes at all community access points to public rights-of-way at the time of construction of each access. The Developer sha!~ provide arterial level street lighting at all community access points to State or Cement3.' public fights-of-way at the time of construction of each access. The Developer shall ?:. ,','ide a fair share contribution toward the capital cost of traffic signals at any co~:':~.' :3" access point to a public fight-of-way when deemed warranted by the Co~;~:,. These signals will be owned, operated and maintained by Collier County. Collier County and ~i~: :~)eveloper entered into an Agreement dated January 12, 1993, (herein "Agreement'~ [~:' address the alignment and environmental permitting for Vanderbilt Beach ¢,o:~d (herein "VBR") through the Pelican Marsh Community property; and to ad.:i:~css environmental permitting for the expansion of Goodlette- Frank Road from Imn~okalee Road to VBR. As is set forth in thc Agreement, the Developer is responsible for the environmental permitting for the preferred road alignment of VBR within the Pelican Marsh Community PUD property. Pursuant to the Agreement, the Developer is eligible for Road Impact Fee credits for half of its expenditures per the Agreement in obtaining environmental permits. The Developer agrees o dedicate to Collier County the road right-of-way required for that section of VBR ~ thin the Pelican Marsh Community PUD boundaries owned by the Developer, upon request by Collier County, so long as that right-of-way is the alignment depicted on the Pelican Marsh Community PUD Master Plan or an alternative alignment acceptable to the Developer. The Developer shall be eligible for Road Impact Fee credits for this dedication pursuant to Ordinance 92-22 and Section 380.06 (16) Florida Statutes,, as is further set forth in Section 8.12 hereof. The value of said right-of-way dedication shall be equal to Developer's cost of acquisition of the property. There are acknowledged benefits to both the County and the Developer in the alignment of VBR shown on the Pelican Marsh Community PUD Master Plan, and as 8-3 lqO¥ 1 9 2002 Jo Ko buffer area will be completed prior to the opening of Vanderbilt public use. [ 8-4 referenced in the Agreement and hereinafter as the "Preferred Alignment". However, there is the potential that the cost of environmental permitting, mitigation, design and construction of the road segment in its Preferred Alignment could be more expensiv than an alternative alignment within the area of consideration referenced in Attachment 1 to the Agreement. If the ultimate alignment of VBR within the Pelican Marsh Community PUD boundaries is the Preferred Alignment or the ultimate alignment is otherwise acceptable to the Developer, the Developer agrees to pay the "differential cost" for the segment of VBR within the Pelican Marsh Community PUD boundaries. "Differential cost" means the reasonably ascertainable cost of environmental permitting, environmental mitigation, design and construction of that segment of VBR within the Pelican Marsh Community boundaries as compared to the total of the same cost elements for permittable alternative alignments within the area of consideration referenced in Attachment 1 to the Agreement. The Developer shall not be entitled to reimbursement under the Agreement or Road Impact Fee credits for the "differential cost" described herein. The cost for design, permitting, and construction of the expansion to Goodlette-Frank Road Overpass structure to expand said structure from two (2) lanes up to six (6) lanes (as approved by the Board of County Commissioners), is the sole responsibility of the Developer; and is not the responsibility of Collier County, the Pelican Marsh Community Development District, or any property owners, or property owner associations within Pelican Marsh. The Developer may elect to apply existing impact fee credits from previous Pelican Marsh dedications or those received for the Developer's dedication of road fight-of-way for the future Livingston Road (as specified in PUD Document, Section 8.7 at Paragraph P. below), as full or partia~ payment of Developer's obligation to pay for the expansion of the Goodlette-Fram Road overpass structure. The design, permitting and construction costs of the Goodlette-Frank Road Overpass to meet the Financially Feasible Transportation Plan, as well as the market value of Developer's land to be dedicated for the future Livingston Road, shall be addressed in a Contribution Agreement to be entered into by and between the Developer and the County. Payment of road impact fees shall be in accordance with the applicable ordinance, as amended, with the stipulation that payment shall occur at the time of building permit issuance or in accordance with the requirements of the Collier County Land Development Code, Division 3.15, Adequate Public Facilities. These transportation stipulations se' forth in Section 8.7 of the PUD are not intended as a novation of the referenced Vi ~derbilt Beach Road Agreement; said agreement remains in full force and effect, except to the extent certain provisions of the same may be specifically superseded by the provisions of Section 8.7. of the PUD. The Developer shall build, at its cost, a Vanderbilt Beach Road buffer within the Pelican Marsh Community PUD property south of the Vanderbilt Beach Road right- of-way and north of the Hickory Road fight-of-way. This buffer shall include a minimum six foot (6') berm landscaped and irrigated except where the roadway is located adjacent to Lake Bunting. Adjacent to Lake Bunting where a berm cannot be constructed due to limited width, the buffer will include canopy trees and shrubs. The Beach _R_o_ad AGENDA ITEIV/ NOV 19 2002 8.8 L. Internal access between the Pelican Marsh Community Activity Center and the Pelican Marsh Community shall be designed in a manner that provides for vehicular, pedestrian, and bicycle access to the Pelican Marsh Community Activity Center uses without requiring residents of Pelican Marsh to exit the Community. Such access may be restricted by the Developer to maintain the privacy and security of the Pelican Marsh Community residents. Vehicular, pedestrian, and bicycle access connections between the Pelican Marsh Community and the Activity Centers located at the Vanderbilt Beach Road/U.S. 41 intersection and the Immokalee Road/U.S. 41 intersection shall not be required. M. No final local development orders (building permits) will be granted for Activity Center uses until the completion of two lanes of Vanderbilt Beach Road from U.S. 41 to Airport-Pulling Road. Final Subdivision Plat applications and Final Site Development Plan applications may be submitted and approved for Activity Center uses after commencement of construction of Vanderbilt Beach Road from Airport- Pulling Road to U.S. 41. N. The Pelican Marsh Community shall be subject to any duly adopted fair share or pro- rata funding mechanism established by Collier County to implement an area-wide pedestrian and bicycle path system. The Pelican Marsh Community may be eligible for credits to be applied toward its fair share pro-rata contribution based on contributions made for the improvements to U.S. 41, Vanderbilt Beach Road, and Goodlette-Frank Road. O. The amended Pelican Marsh Community PUD Master Plan, Map "H-3" attached as Exhibit "A" to the PUD Document, indicates the approximate location of access points to the Pelican Marsh Activity Center and indicates full access or directional access. The location of these access points is subject to change and will be finalized at the time of permitting. P. The Developer agrees to dedicate (or cause to have dedicated) to Collier County the road right-of-way required for that section of proposed Livingston Road within the Pelican Marsh Community PUD boundaries. The conveyance document shall dedicate all property within the Pelican Marsh Community PUD east of the FPL easement to the County and be by general warranty deed with a disclaimer as to suitability of purpose. The timing of the dedication shall be at the request of Collier County and Collier County shall be responsible for ail costs of conveyance. The Developer shall be entitled to impact fee credits for this dedication pursuant to Ordinance 92-22 and Section 380.06(7 6), Flori a Statutes, (1995). The value of the dedicated property shall be determined pursuant .o Subsection 2.7.2.8.1. of the LDC. WATER MANAGEMENT A. An Excavation Permit will be required for proposed lake(s) and Pine Ridge Canal relocation in accordance with Division 3.5 of Collier County Ordinance No. 91-102 and South Florida Water Management District Rules. B. A copy of a South Florida Water Management District Permit or Early Work Permit is reqUired prior to construction plan approval. A letter of no objection fi.om the Collier County Utility Division stating, that no C. adverse impacts on the percolation ability of the adjacent wastewatei trea~ 8-5 ' ' ' ' rio. l-I!! NOV 1~ 2002 p .ql 8.9 Do Eo The rate of post-development stormwater discharge into Airport Road Canal and Immokalee Road Canal will be during the surface water management permitting process. will occur as a result of the Pine Ridge Canal relocation shall be provided prior to subdivision construction plans approval or Preliminary Work Authorization, which- ever occurs first. Preliminary Work Authorization was approved by the Board or County Commissioners on May 20, 1993, and amended on April 19, 1994. All off-site flow collection and routing facilities shall be reviewed and approved by Collier County Development Services Department at the time of subdivision construction plan approval. The fixed crest weir with emergency underflow gate which replaces the existing amil gate will be reviewed and approved by Collier County at the time of Cocohatchee Strand Restoration Plan construction plans or Preliminary Work Authorization approval. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993, and amended on April 19, 1994. As long as Collier County has operation and maintenance authority over the existing Pine Ridge Canal amil gates on Immokalee Road (CR 846), The Developer or the PMCDD will pay for the design and construction costs associated with the rehabilitation of said amil gates. The rehabilitation will be limited to normal refurbishment of the gates (including the bearings and access walks) and the gate seals (if required). Replacement of the gates, cradles, structures, or foundations, if required, will not be the responsibility of the Developer, the PMCDD, or their assigns. Collier County will contribute $9,000.00 to the cost of design and construction. The rehabilitation shall be complete by the time the Cocohatchee Strand Restoration Plan is certified complete to the South Florida Water Management District. Water Management and canal easements conveyed to SFWMD and the County wi be per the Pelican Marsh Preliminary Work Authorization as amended on April 19, 1994. If legally and physically possible, the PMCDD will maintain that portion of the Pine Ridge Canal off-site from the south border of the PUD to a point immediately south of the Immokalee Road amil gates. Maintenance responsibility by the PMCDD for this portion will cease at the time of the issuance of the final development order for the property encompassing said portion of canal. The PMCDD will not be responsible for capital improvements to the canal or improvements to make reasonable access to and along the canal possible. he Pine Ridge Canal, etermined by SFWMD UTILITIES Ao Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal subject to permitting unde and may use potable and irrigation wells. 8-6 - F. A.C, ,10D-6. NOV 1 2002 Do Eo Fo Jo The project will be served by central potable water distribution, fire protection and sewage collection facilities. Irrigation water will be provided with a separate distribution system supplied by on- site wells, reclaimed water or other non-potable water source. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76 (refer to agreement that approved PMCDD, Resolution #93-187), as amended, and other applicable County rules and regulations. PMCDD will be responsible for installing potable water and irrigation water service connections to distribution mains for single family uses only. Use of the services will be approved on final ihspection and acceptance by Collier County. All customers connecting to the water distribution and sewage collection facilities to be constructed will b~ customers of the County and will be billed by the County in accordance with the Cc~pnty's established rates. The on-site water distribution system serving the project must be connected to the Collier County Water-Sewer District's (the District) water main available and adjacent to the Community boundaries consistent with the main sizing requirements specified in the project's Utility Master Plan and extended throughout the project. During design of these facilities dead-end mains shall be minimized by looping the internal pipeline network where feasible. The project's Developer(s) its assigns or successors, may negotiate an Agreement with the District for the use of treated sewage effluent within the project limits for irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and shall negotiate with the County to provide full or partial on-site storage facilities, as required by the FDEP consistent with the volume of treated wastewater to be utilized. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station for each sewage collection basin. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the Cour :y's sewer master plan. The existing off-site utility facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. This requirement will be waived provided a written statement is obtained from the Collier County Utilities Division stating that the District has adequate facilities and capacities to serve that phase of the project at the time utility service is required. AC.,F-~-A IXt~ 8-7 NOV 1 9 2002 '8.10 K. The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additionv~ wastewater generated without adverse impact to the existing transmission facilitie. This requirement will be waived provided a written statement is obtained from the Collier County Utilities Division stating that the District has adequate facilities and capacities to serve that phase of the project at the time utility service is required. L. Within the Pelican Marsh Community landscaping areas (including palm trees, shrubs and groundcovers), sidewalks/paths will be allowed within utility easements including placement within three feet (3') of a utility line. Canopy trees may be located seven feet (7') from the utility line (seven feet (7') being measured from the trunk of the tree to the centerline of the utility line). Reconstruction of sidewalk/pathways or modification/re-installation of plant materials due to necessary maintenance of utility lines will be the responsibility of the Developer, its successors or assigns. M. The Collier County Utilities Division shall allow the installation of potable water and irrigation water service connections to the distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon request and payment of fees by the Developer, its successors and/or assigns. The installation will be in accordance with the approved plans and specifications, current policies and procedures, and performed by the Developers' contractor. The contractor must be approved for the installation by the Collier County Utilities Division. Fees will be determined by the current ordinance in effect at the time of the request for connections. Reimbursement of connection fees will be rebated to the Developer annually based on meter installations. The Developer will prepare a study to determine the most effective and efficient means to shield the light source spill-over from the sports field lights at Veteran's Park. The study will address the approach, installation methods, costs and scheduling of the work and will be presented to the Collier County Parks and Recreation Director for review and approval. Should the improvements be determined by the County to be expenses that are eligible for impact fee credits, the Developer will provide the County with engineered drawings and specifications suitable for bidding by the County. The Developer will pay the County the value of light shield installation and receive impact fee credit, if it qualifies under the County's Parks and Recreational Facilities Impact Fee Ordinance, for the actual cost of the work pursuant to the terms of the Impact Fee Ordinance. ENVIRONMENTAL A. In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, the requirement for obtaining approval of an Environmental Impact Statement (EIS) pursuant to Division 3.8, Section 3.8.8 of the Collier County Land Development Code shall be deemed satisfied for all future activities which take place within the Pelican Marsh Community PUD boundaries that require County permits for or County approval of development or site alteration. This provision is based upon: (1) approval of the Pelican Marsh Comm,,-it,, . application for Development of Regional Impact and the Pelican Ma~ sh 8-8 lOV I 9 2002 8.11 Environmental Supplement submitted in conjunction with this Application for Public Hearing for PUD Rezone; and (2) the Pelican Marsh Community PUD EIS submitted in conjunction with the Application for Public Hearing for PUD Rezone which was approved via County Ordinance//93-27. This provision shall apply to the Developer, its successors, or assigns. B. Pursuant to Collier County Land Development Code, Article 3, Division 3.8, Section 3.8.8, the Pelican Marsh PUD EIS cited in Section 8.10.A above shall constitute Collier County's review and approval of all environmental resources and environmental quality issues contained in the Pelican Marsh Community Application for Development of Regional Impact in so far as said issues specifically pertain to lands contained within the Pelican Marsh PUD boundaries, as defined via County Ordinance//93-27. C. Sections 8.10 A and B above do not relieve the Developer fi.om providing, or foreclose the County from requesting, information relative to new or changed environmental conditions on the site relative to species of special status pursuant to Collier County Land Development Code, Section 3.8.5.4.1.5.d. and e. D. The Collier Coun':j 'ST' overlay has been eliminated and replaced by this Planned Unit Developmem. l:c, wever all existing Collier County wellfield and/or groundwater protection zones sh~i' ' cmain in effect unless otherwise modified by Collier County. E. The Cocohatchec~,,~,~c ...... ~ Mitigation Bank is hereby created and incorporated into the PUD by referenc~ '7i~: Cocohatchee Strand Restoration Plan (WMB&P, Inc. File No. ENV-88) depic:: t~:c improvements contemplated under the Cocohatchee Strand Restoration Proffan: and itemizes in tabular form the Cocohatchee Strand Mitigation Bank features inclu~:~ ~: s~ mitigation ratios and available credits for impacts to Collier County jurisdiction:~ wetlands. It is understood that changes to both the Cocohatchee Strand Mitigation Program and the Cocohatchee Strand Mitigation Bank may be required by regulati;:z agencies. If such changes cause a need to modify or revise the Cocohatchee Stra~;:: t~testoration Program and Mitigation Bank as depicted on the Restoration Plan, such modifications and revisions may be administratively approved by the Collier Count?' Development Services staff. F. In accordance with Policy 7.3.5 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, gopher tortoises shall be relocated to the "GCO District and to the Xeric Scrub Conservation Area. Compensation for lost habitat which extent has been approved by the Florida Game and Fresh Water Fish Commission (FGFWFC) shall be in accordance with FGFWFC policy. G. Collier County shali defer all environmental permitting regarding wetlands, Wetland impacts, and wetlavd mitigation to the South Florida Water Management District. The Developer shall coordinate with and copy Collier County on all approved permits. SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS The Pelican Marsh Community shall be required to conform with he subdivision improvement requirements set forth in Collier County Land Development ode Section 3.2.8 unless otherwise stated in this PUD. The followin Division 3.2, 8-9 NO¥ 1 9 ZOO2 to the improvements standards are approved for Final Subdivision Plat requirements: A. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 except as follows: 1. Pelican Marsh Boulevard shall be considered a minor collector street and shall be required to have a sidewalk or bikepath on each side of the street. 2. All other through streets shall be considered local streets and shall be required to have a sidewalk or bikepath on one side of the street. 3. All cul-de-sacs serving more than fifty (50) single family lots shall be required to have a sidewalk or bikepath on one side of the street. 4. All cul-de-sacs serving fifty (50) or less single family lots shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: a. The right-of-way section shall include two twelve foot (12') wide travel lanes, and b. The gross density in the cul-de-sac shall be less than two (2) units per acre. B. Private streets shall conform with the right-of-way and pavement width requirements of Subsection 3.2.8.4.16.5 except as follows: 1. Cul-de-sac and local streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 8.11.A.4 of this PUD. 2. All other cul-de-sacs are required to have a minimum fifty foot (50') fight-of- way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 8.11 .A.4 of this PUD. 3. All other local streets are required to have a minimum fifty foot (50') right-of- way and two twelve foot (12') wide travel lanes. 4. Where sidewalk design substitutions are desired per Section 8.11.A.4 of this PUD, cul-de-sac streets shall have a minimum of two twelve foot (12') wide travel lanes. C. Cul-de-sacs shall conform with the requirements of Subsection 3.2.8.4.16.6. but may exceed a length of one thousand feet (1,000'). D. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10 except on Pelican Marsh Boulevard where the requirement shall be seventy-five feet (75 '). E. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. F. Roadside slopes within private street rights-of-way may be allowed to a maximum of 3:1 in accordance with FDOT MUMS, page m-35. 8-10 NOV 1 9 2002 8.12 8.13 8.14 PINE RIDGE CANAL The existing Pine Ridge Canal within the PUD boundaries will be relocated as shown on the Pelican Marsh Community Master Plan. The design of the relocated canal incorporates features intended to fully mitigate for any impacts associated with its construction and elimination of the existing canal, and shall therefore not require the use of mitigation credits established under the Cocohatchee Strand Restoration Plan. Maintenance of the Pine Ridge Canal and associated control structures within the boundary of the Pelican Marsh Community PUD shall be the responsibility of the PMCDD. DEDICATIONS All dedications of property or facilities for a public purpose, whether by easement or deed, may, at the Developer's option, contain a condition limiting the use to said public purpose. In addition, said dedication, at Developer's option, may contain a reverter clause in the event the public purpose use is discontinued or not commenced within a reasonable time period. The "reasonable time" will be agreed to between the Developer and the grantee at the time of the dedication, it being the intent of the grantee to have sufficient time to commence the use of this dedication. PELICAN MARSH COMMUNITY SCHOOL SITE The Pelican Marsh Community School Site as shown on the PUD Master Plan shall be subject to the following standards and restrictions: Permitted Use 1. The school site shall only be improved for and used as a school for school purposes. Building Setback Lines, Size of Building and Building Height 1. The minimum setback of any structure (including temporary accessory and portable structures) from a property line or fight-of-way line shall be twenty- five feet (25') on the northern and western property lines and fifty feet (50') on the eastern and southern property lines. No principal structure of any kind shall exceed three (3) stories in height and accessory structures shall be limited to a maximum of twenty feet (20') in height. The maximum height of any structure shall be measured as set forth in the Collier County Land Development Code. Landscaping All areas not covered by structures, walkways or paved parking facilities shall be reasonably maintained and irrigated as lawn or landscape areas to the pavement edge of any abutting streets, to the property line and/or to the location required by South Florida Water Management District of any abutting lakes, canals or water management areas. No stone, gravel or paving of any type shall be used as a lawn. All required lawns and landscaping shall be complete at the time of completion of the structures evidenced by of a certificate of occupancy by the appropriate governmental agen 8-11 NOV 1 ~ ~002 8.15 Signs 1. Any sign installed in, on or placed within the School Site shall be no larger than ten feet (10') in length by five feet (5') in height. Lighting of any sig may be fluorescent uplight from grade. No neon or colored lighting is allowed. All signs must also conform with the Collier County Land Development Code. E. Exterior Lighting 1. All exterior lighting for the school buildings shall be for the expressed purpose of safety and security only and shall use fixtures, light source, installation, and control techniques to contain light within the School Site and eliminate or minimize light spillage into or onto adjacent properties. There shall be no nighttime lighting of athletic or recreational playing fields or courts or playgrounds within the School Site. F. Outdoor Equipment 1. All garbage and trash containers, oil tanks, bottled gas tanks, swimming pool equipment and housing and sprinkler pumps and other such outdoor equipment must be underground or placed in walled-in or site-screened, fenced-in areas so that they shall not be readily visible. 2. For structures at the maximum building height, all vents, stacks, and mechanical equipment of any nature and type, and other such outdoor equipment located on roof areas shall be site-screened so that they shall not be readily visible from adjacent properties. 3. All active sports areas including baseball, soccer, basketball, football, etc., shall be set back twenty-five feet (25') from the easterly and southerly property lines. NOTIFICATION OF PROXIMITY TO COUNTY FACILITY The Developer shall include the following Notice in its sales contracts with purchasers within PMC who are acquiring an interest in real property for residential purposes from Developer located within 500 linear feet of the closest boundary of the County's Wastewater Treatment Plant parcel on Goodlette Road: "This is to notify you that the property you are acquiring is located within 500 linear feet of the property boundary of Collier County's Wastewater Treatment Plant. This notification is made at the request of Collier County." The above notification will no longer be required when and if the County adopts an ordinance or regulation addressing the subject; provided however that the Developer shall comply with the requirements of said ordinance or regulation, where applicable. 8-12 NOV 1 9 2002 ,I j I_ .J L.JUUL.JUUL Map H Master Plsn Pelican Msrsh Communities wcl C. orrma'flm, Limited Partn~ EXECUTIVE SUMMARY PETITION: DOA-2002-AR-2567, ROBERT MULHEKE OF RWA, INC. REPRESENTING J.E.D. OF SOUTHWEST FLORIDA, INC. & COLONY CORPORATE CENTER, INC., REQUESTING AN AMENDMENT TO THE "PELICAN MARSH" DEVELOPMENT OF REGIONAL IMPACT (DRI), FOR THE PURPOSE OF INCREASING THE Al,LOCATION OF MEDICAL OFFICE SPACE ALLOWED FROM 9,000 SQUARE FEET TO 26,000 SQUARE FEET WITHIN THE APPROVED OVERAI .l. GENERAL OFFICE LEASABLE FLOOR AREA OF 295,800 SQUARE FEET AND TO CORRECT A SCRIVENER'S ERROR CONTAINED WITHIN THE DEVELOPMENT ORDER FOR PROPERTY LOCATED NORTH OF VANDERBILT BEACH ROAD (C.R. 901) AND EAST OF LIVINGSTON RQAD, IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND SEC~'ION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. COMPANION ITEM: PUDA-02-AR-2566 O_Q.B.~.ECTIVE: This petition seeks to amend the Pelican Marsh Development of Regional Impact (DRI) Development Order as noted above due to "evolving market conditions" and to correct the inadvertent omission of the term "office uses" from paragraph four of the Findings of Fact within the Development Order during the last amendment. CONSIDERATIONS.' Collier County approved the 2,214-acre Pelican Marsh PUD/DRI on May 25, 1993. In 1995, the PUD/DO was amended to allow for 500,000 General Floor Area (GFA) of retail and 350,000 GFA of general office, of which 100,000 could be medical office. In 1997, the PUD/DO was again amended, reducing the general retail GFA to 300,000 and the general office GFA to 200,000, of which 50,000 could be medical office. In May of 1999, both the PUD and DO were trnended to increase the GFA for general retail to 395,000. As part of this amendment, while the tota': allowable GFA of general office remained at 200,000 square feet, the maximum amount of the GFA that could be medical office was reduced from 50,000 to 25,000. Finally, in December of 1999, the PUD and DO were again amended to reduce the maXimum GFA of general retail from 395,000 to 381,000; to increase the maximum general office from 200,000 to 295,800 and to reduce the maximum amount of medical office from 25,000 to 9,000 GFA. It was during the last amendment process that the phrase "office commercial use, with up to 9,000" was inadvertently left out of the DO, resulting in a conflict between the DO and the PUD NOV 1 2;,2 FISCAL IMPACT: This amendment is only to provide greater flexibility in meeting the needs of the current market seeking medical office space in the Pelican Marsh Activity center. This includes the following comparisons of approved development to the proposed land uses for portions of the Pelican Marsh DRI: TOTAL ACRES: RETAIL COMMERCIAL: *GENERAL/MEDICAL OFFICE: HOTEL ROOMS: LAST REVISED AMOUNT OF INCREASE DEV. ORDER NOPC OR DECREASE .. 80 80 0 381,000Sq. Ft. 381,000Sq. Ft. 0 295,800Sq. Ft. 295,800Sq. Ft. 0 450 450 0 * Of the 295,800 square feet of General Office allocation, the Medical Office allocation will increase frc~:~ 9,000 square feet to 26,000 square feet. This represents a reallocation of i7,000 square feet of floor space. Therefore, based on the above referenced change in the allocation of floor area, this amendment by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. The increase in medical office GFA will result in higher impact fees for new developments within the activity center due to a slight increase in the frequency distributions factors of medical office compared to general office In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: Approval of this amendment will not have an adverse impact on the Growth Management Plan. The proposed amendment will result in changes within the 80-acre Pelican Marsh Activity Center designation as identified on the PUD Master Plan. The site is also within the designated Mixed Use Activity Center #11 Sub-district on the Future Land Use Map of the Growth Manage nent Plan (GMP). This Sub-district was created to accommodate the commercial activity the prog ,sed changes will generate. The resulting increase in medical office space will result in a total 1.2 percent increase in daily trips for the activity center, a level below the established threshold for impact. HISTORIC/ARCHAEOLOGICAL IMPACT:.. The Pelican Marsh PUD has been determined to be located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required' NOV 1 9 2002 ENVIRONMENTAL ISSUES: The Environmental Review Staff has recommended approval as submitted since the project will not have an effect on the 330 acres of existing preserve area which is also designed to accommodate a full range of conservation and limited water management uses and functions. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Since the Environmental Impact Statement (EIS) is less than 5-years old and that the proposed change will not impact wetland areas, this petition was not required to go to the Environmental Advisory Council (EAC). COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Comm is-:,m (CCPC) reviewed this petition during their public hearing on October 3, 2002. During the mce~i:;g, the CCPC voted unanimously (9 to 0) to forwarded Petition DOA-02-AR-2567 to the Board of ('ou:;~¥ Commissioners (BCC) with a recommendation of approval. The Planning Commissioners founci :!-~: fids petition is consistent with the Growth Management Plan (GMP) and is compatible with the s?':'(~unding development. Since no person spoke in opposition to the petition during the public hearin~:. ', s petition was placed on the summary agenda. PLANNING SERVICES STAFF RF COMMENDATION: Staff recommends approval of Peti~io~ DOA-02-AR-2567 as otherwise described by the amending DRI Development Order resolution includcd in this Executive Summary. NOV 9 2002 3 pg. ~ PREPARED BY: RAYmOnD BE~I~OWS, CHIE~:' PLANNER CURRENT PLANNING SECTION /o. g,~. oz. DATE REVIEWED BY: cU.~NT PLANNING SECTIONt MARGARE ,T'flVUEI~STLE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE DATE APPROVED BY: JOsI~H K. SCHMIT~, ADMINI~T~xt~TOR /MUNITY DEV. AND ENVIRONMENTAL SVCS. DOZ-O2-AR-256 7 /R VB/rb/mb DATE 4 AGENDA ITEJ~ NOV 1 9 2002 AGENDA ITEM 8-F MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES October 3, 2002 PETITION NO: DOA-2002-AR-2567, PELICAN MARSH PUD/DRI COMPANION ITEM: PUDA-02-ARo2566 AGENT/APPLICANT: Agent: RWA, Inc. Robert J. Mulhere, AICP 3050 North Horseshoe Drive. Ste. 270 Naples, FL 34104 Applicant/Owner: J.E.D. of Southwest Florida, INC. Colony Corporate Centre, Inc. Joseph E. D'Jamoos, as its President 9150 Galleria Court Naples, FL 34109 GEOGRAPHIC LOCATION: The subject PUD is located north of Vanderbilt Beach Road (C.R. 862) and east of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East and Section 31, Township 48 South, Range 26 East, Collier County, Florida. (See illustration on following page) REQUESTED ACTION: This petition seeks to amend the Pelican Marsh Development of Regional Impact (DRI) Development Order in order to increase the amount of Medical Office space allowed from 9,000 square feet to 26,000 square feet. This amendment will also correct the inadvertent omission the term "office uses" from paragraph 4 of the Findings of Fact during the last amendment. Prior to this Notice of Proposed Change (NOPC) application, there have been five (5) revisions to the Pelican Marsh DR1 Development Order tl,,,t approved in May, 1993. The five previous changes are as follows: NOV 1 9 2002 ! Amended on 1/24./95 (Ord. 95-4) - Additional acreage, revisions to land use allocations, addition of commercial and cultural uses and the increase in the number of golf course holes. Amended later in 1995 to correct Scrivener's Error (Ord. 95-50) Amended a~ain 12/9/97 (Ord. 97-79) - Increased acreage and revisions to land use allocations. Amended again 5/!1/1999 (Ord. 99-33) (DO Amendment Resolution 99-234) - Revisions to Master Plan and ~o reduce the commercial retail & office land uses and _ increase the number of golf hole~. Amended agait~. 12/14/99 (Ord. 99-90) (DO Amendment Resolution 99-473) - Revision to Master Plan $'nd to reduce the commercial retail & office land uses. LOCATION HAP ,It PETITION PUOA-ZOOZ-AR-ZS66 SITE HAP NOV 1 9 2002 PURPOSE/DESCRIPTION OF PROJECT: On May 16, 2002,_ the applicant submitted a Notice of Proposed Change to alter the square footage/intensity mixture for cOmmercial retail, commercial office, and other allowable commercial uses in the Pelican Marsh activity center "AC" designation of the DRI/PUD as follows: The applicant proposes to amend the PUD document Section VII, Paragraph 7.2 to increase the amount of leasable office floor area allocated to medical office by an additional 17,000 square feet, from 9,000 square feet to 26,000 square feet. The proposed amendment will also correct a scrivener's error to add the language, office uses, including up to 26,000 square feet of, which was omitted from the last amendment process. This change will make the PUD and the DO consistent. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL: The proposed changes to the Pelican Marsh DRI do not constitute a substantial deviation, as defined in Subsection 380.06(19) of the Florida Statutes. Simultaneous increases and decreases of at least two uses within an authorized multi-use development of regional impact falls under Section 380.06(19)(e) 5(c) of the Florida Statutes and shall be presumed to create a substantial deviation. As stated, the proposed amendment does not meet the above criteria for a substantial deviation. The SWFRPC heard the Notice of a Proposed Change to a previously approved DeveloPment of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes. The Notice of Proposed change was adopted by the SWFRPC without changes on June 13, 2002. The Regional Planning Council adopted the following report prepared by its staff: Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that the proposed changes do not create additional regional transportation impacts not previously reviewed by the regional planning council and the Council participation at the local government public hearing is not necessary. Notify the Florida Department of Community Affairs that their participation at the local public heating is not requested by the Southwest Florida Regional Planning Council. DEPARTMENT OF COMMUNITY AFFAIRS: Request Collier County provide the Southwest Florida Regional Planning Council staff with copies of any development order amendments related to the proposed changes not contained in the NOPC, as well as any additional information requested of the applicant by DCA or the County. AC~O~ NOV 1 9 2002 The Department of Community Affairs has not submitted any correspondence objecting to the Notice of Proposed Change (NOPC) for the Pelican Marsh Development of Regional Impact (DRI). The purpose of this petition is to amend the Pelican Marsh PUD in order to increase the allocation of medical office use from the already approved gross floor area of office use and to correct a scrivener's error to add language to make the PUD and DO consistent. Pursuant to the criteria in Section 380.06(19)(e), Florida Statutes (F.S.), the changes listed above are do not create a substantial deviation from the approved DO. This petition will not create additional regional impacts. Therefore, pursuant to Section 380.06(19)(f) 4., F.S., the D?artment has not objected to this NOPC. STAFF REVIEW: Development authorizations contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DRI Development Orders are structured first and foremost to c,,,::zain regulations that respond to relationships dictated by State Administrative rules. 5?cifically, those relationships and questions that an applicant is required to anatv×c, and report on as part of their Application for Development Approval (ADA ;. :: ::,endments as described by the NOPC deal with those same questions in the event the', become applicable. To the extent they are applicable they become part of the techr, i~:i data submitted as part of the NOPC. It is that information which upon reviexx i~. $\VFRPC concluded with a finding that the proposed changes do not create additio;~t:i regional impacts or regional impacts not previously reviewed. This conclusion is es~::;;~ially one that says the changes are of an insubstantial nature. Similarly, the Depanmc;7: of Community Affairs has not objected to the proposed changes and indicates that the changes were of an insubstantial value. The proposed revisions to the Pelican Marsh PUD document and Master Plan (Exhibit "A") do not adversely impact any adopted level of service standard. This amendment only shifts allocations of the leasable office floor area to the category of medical office. The office floor area utilized to increase the medical use already exists; only it was classified as general office floor area. Comparisons of approved development to the proposed land uses for portions of the Pelican Marsh DRI Activity Center are as follows: LAST REVISED DEV. ORDER AMOUNT OF INCREASE NOPC OR DECREASE TOTAL ACRES: 80 RETAIL COMMERCIAL: 381,000Sq. ft. OFFICE: 295,800Sq. ft. MEDICAL OFFICE 9,000Sq. ft. (Within 295,800Sq. fi. Office allocation) HOTEL ROOMS: 450 80 0 381,000Sq. ft. 0 295,800Sq. ft. 0 26,000Sq. ~. +17,0000Sq. 450 0 AGENOA I NOV 1 2002 Staff is of the opinion that this amendment will not adversely impact the development strategy for the Pelican Marsh PUD or effect residential properties within or adjacent to the PUD. The purpose of this petition is to amend the Pelican Marsh PUD in order to increase the allocation of medical office use from the already approved gross floor area of office use and to correct a scrivener's error to add language to make the PUD and DO consistent. STAFF RECOMMENDATION: That tk¢ Collier County Plarmine Commission (CCPC] recommends approval of Petition DOA-02-AR-2567 as described-by the amending DRI Development Order resolution included in this Staff Report. pREPARED BY: MIKE BOSI, PRINCIPAL PLAN~NER CURRENT PLANNING SECTION REVIEWED BY: MARGAP~ WUERSTLE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE DATE DATE APPROVED BY: JOJ~EflH K. SCHlVI, I~T, ADMINIS~KATOR Cf/MUNITY DEV. AND ENVIRONMENTAL SVCS. SYaff Report for the October 3, 2002 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: KENNETH I~.~,BERNA'I~-IY, CHAIRMAN AGENOA ! NOV 1 ZO0 ' I II Il I! ILli i~,i~llJl iLJLJl ii Ii IL NOV 1 PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENdMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLAL~ING PUDA-2002-AR-2566 PROJECT #19990051 DATE: 6/3/02 RAY BELLOWS Name of Applicant(s): J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre, Inc. Applicant's Mailing Address: 9150 Galleria Court, Suite 100 City: Naples State: FL Zip: 34109 Tel. No.: (239) 596-2733 Fax: (239) 596-3686 Email: 9rahamnorco~eejedf!orida.com Is the applicant the owner of the subject property? X Yes No .... (a) If applicant is a land trust, so indicate and name ~e.~e~larles ~=~. X (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (See Attached) (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a le-see, attach copy of lease, and indicate actual owners ii not indicated on the lease. (f) If a~plicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. M:\2001 Projects\01-0257.00 Pelican Harsh PUD-DRI Amendment\0002 PUD Rezone Application\PUD-DO_Application.doc AGENDA ITEM,,~ NOV 1 B 2002 Name of Agent: Robert J. Mulhere, AICP Firm: RWA, Inc. Agents Mailing Address: 3050 North Horseshoe Drive, Suite 270 City: Naples State: FL Zip 34104 Tel. No.: 649-1509 Fax: 649-7056 Email: rjm@consult-rwa.com PUD ORDINANCE NAME AND NUMBER: Pelican Marsh PUD/DRI Ordinance #: 93-27, as amended. · DRI/PUD Originally ApprOved on 5/25/1993 (Ord. 93-27) · Amended on 1/24/95 (Ord. 95-4) - Additional acreage, revisions ~o land use allocations addition of commercial, ~ultural uses, increase in number of golf course holes · Amended later in 1995 to correct Scrivener's Error (Ord. 95-50) · Amended aqain 12/9/97 (Ord. 97-79) -Increased acreage and revisions to land use allocations. · Amended again 5/11/1999 (Ord. 99-33) (DO Amendment Resolution 99-234) - Revisions to Master Plan and to allow commercial retail & office land uses (reduction) increase in golf holes. · Amended again 12/14/99 (Ord. 99-90) (DO Amendment Resolution 99-473) - Revisions to Master Plan and to allow commercial retail & office land uses (reduction). DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description fo: property involved in each district. If property is ~dd-sb .ped, submit five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. Pelican Marsh DRI: Collier County, all of Sections 27, 34, 35 and 36 and a portion of Section 25, in Township 48 South Range 25 East, and a portion of Section 31, Range 48 Sout] , Township 26 East. Full Legal Description Attached. M:\2001 Projects\01°0257-00 Pelican Marsh PUD-DRI Amendment\0002 PUD Rezone Appl icat ion\ PUD- DO_App 1 icat i on. doc 2 AGENE)A IT .E~ NOV I 9 2002 Address or location of subject property: N/A. Multiple properties within PUD, Hundreds of addresses. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO. All affected property is within Pelican Marsh PUD/DRI. TYPE OF AMENDMENT: X A. PUD Document Minor Language Revision/Amendment B. PUD Master Plan Amendment X C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: No If no, explain: X YES HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE PETITION #: DATE: HAS ANY PORTION OF THE PUD EEEN X SOLD AND/OR X DEVELOPED? ARE ANY CNJLNGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? X Yes. Xo. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). Literally thousands of parcels of land have been sold and are developed within the PL~/DKi. The parcels owned by the applicant are partially developed with office and retail/restaurant uses. The amendment will allow both existing and proposed office use to be leased for medical office use up to 26,000 square feet versus the current allowance for medical office of 9,000 square feet. ~1. Nature of Amendment: The subject property is currently zoned PUD and is part of the Pelican Marsh PUD/DRI. Pelican Marsh PUD/DRI consists oi ±2,213.6 acres of land located in Sections 27, 34, 35 and 3~ and a portion of Section 25, in Township 48 South, Range 2b East, and a portion of Section 31, Range 48 South, Township 26 East. (Full Legal Description Attached). The property owner, JED of Southwest Florida, Inc. and Colony Corporate Center Inc. has purchased several parcels of land, M:\2001 Projects\01-0257.00 Pelican Marsh PUD-DRI Amendment\0002 PUD Rezone Appl icat ion\ PUD- DO_Applicat ion. doc NOV 1 9 2002 located with in the Pelican Marsh Activity Center designation, from the original owner, WCI. JED of Southwest Florida, Inc., commenced development on these projects, and while marketinq these projects, found that there wa~ significant market interest in medical offices within the projects. The projects are located in the northeast quadrant of Vanderbilt and Airport Roads. Both are located within the commercial activity center desiqnation of the Pelican Marsh PUD/DRI. The PUD and Development Order (DO) are being amended in order to increase the allowable Gross Leasable Floor Area (GFA) for Medical Office from 9,000 sq. feet to 26,000 sq. feet. This will result in a minimal increase in traffic, well below the 5% impact threshold. Specifically, according to the attached traffic analysis conducted by Ron Talone of David Plummer & Associates, the proposed changes result in an increase in daily external trips of only 1.2%,..pr 464 trips. Similarly, the changes resul% i~ an increase in PM peak hour external trips of only 0.9%, cr 30 trips. In 1995, the PUD/DO was a~'~ended to allow for 500,000 GFA of retail and 350,000 GFA c! ~eneral office, of which 100,000 could be medical office. In !997, the PUD was again amended, reducing the general re%a~'~ GFA to 300,000 and the general ~ffice GFA to 200,000 cl v~kich 50 000 .... ~d be medical office. In May of 1999, £~%h the PUD and DO were aqain amended [Note: the PUD anl ~ were not consistent in that the DO allowed 345,000 GFA c~ general retail while the PUD allowed 300,000 GFA of ~en~~a! retail.] In May of 1999, the puD and DO were amende~ -~ increase the GFA for general retail to 395,000. As par% c~ %his amendment, while the total allowable GFA of general -~ice remained at 200,000 square feet, the maximum amoun% ~i 5hat GFA that could be medical office was reduced frc~: 50,000 to 25,000. Finall]~, in December of 1999 the PUD an~ DO were again amended to reduce the maximum GFA of general re%ail from 395,000 to 381,100; to increase the maximum general office from 200,000 to 295,800 and to reduce the maximu~ amount of medical office from 25,000 to 9,000 GFA. [l~ct~: It appears that during this amendment process, the phrasa "office commercial use, with up to 9,000" was inadvertently left out, again resulting in .~, conflict between the DO and the PUD. The relevant portion of the PUD (Ordinance 99-90) currently reads as follows: Section VII, Paragraph 7.2 M~AXIMUM SQUARE FOOTAGE/ROOMS A maximum of 381,100 square feet gross floor area (331,400 square feet leasable floor area) of retail uses; 295,800 square feet gross floor area of office uses, including up to 9,000 square feet M:\2001 Projects\01-0257.00 Pelican Marsh PUD-DRI Amendment\0002 PUD Rezone Application\PUD-DO_Application-doc NOV 1 B of medical offices; and 450 hotel rooms may be constructed on land designated as "AC." The relevant part ~f the DO (99-473) currently reads: Findings of Fact o The applicant proposes the development of Pelican Marsh Community consisting of 2,213 _+ acres, as depicted in the Master Plan, Map H3, attached as Exhibit D. " Pelican Marsh includes 80 acres of "activity center" use which will contain the following land uses: up to 381,100 square feet gross floor area (GFA) of retail commercial uses; up to 29~800 s~are feet of GF; ~f medical of F{ce; and 450 hotel room. In addition to increasing the GFA for medical offices, the proposed amendment will correct this scrivener's error, making the PUD and DO consistent. The PUD is proposed to be amended as follows: Section VII, Paragraph 7.2 MAXIMI/M SQUARE FOOTAGE/ROOMS A maximum of 381,100 square feet gross floor area (331,400 square feet leasable floor area) of retail uses; 295,800 square feet gross floor area of office uses, including up to ~z, 26,000 square feet of medical offices; and 450 hotel rooms may be constructed on land designated as~ ~AC.v The DO is proposed to be amended to read as follows: Findings of Fact The applicant proposes the development of the Pelican Marsh Community consisting of 2213.6--+ acres, as depicted in the Master Plan, Map "H3, # attached as Exhibit D". Pelican Marsh includes 80 acres of ~activity center# use that will contain the following land uses: up to 381,100 square feet of gross floor area (GFA)' of retail commercial use; up to 295,800 square feet GFA of office uses, in61udinq up to 26,000 square feet of medical offices; and 450 hotel rooms. The -Pelican Marsh Community will contain a maximum of 4,800 [may need to be adjusted] residential dwelling units; 72 holes of golf and clubhouses; 360.4 acres of conservation area, (some of which is within an FP&L easement); 114.2 acres of open space; and a 20-acre school site. M:\2001 Projects\01-0257.00 Pelican Marsh PUD-DRI Amendment\0002 PUD Rezone Application\PUD-DO_Application.doc 5 NOV 1 9 2002 .&FFIDAVIT I, Elizabeth A. D'Jamoos, attorney-in-fact for Joseph E. D'Jamoos, President of J.E.D. of Southwest Florida, Inc., and President of Colony Corporate Centre, Inc., being first duly sworn, depose and say that I am authorized to represent J.E.D. of Southwest Florida and Colony Corporate Centre, Inc, and have been ~anted written authorization by Jerry L. Starkey, President of WCI Communities, Inc., which is the controlling developer/owner of the Pelican Marsh PUD (the property described herein), the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my 'knowledge and belief. I understand that the information requested on this application must be complete and accurate and that the content of this form, ~vhether computer generatzd or County printed shaii not be altered. Public hearings will not be advertised until this application is deemed complete, and alt required information has been submitted. As authorized representative for the property owners, I further authorize Robert J. Mulhere, AICP, to act as our representative in any matters regarding th/s Petition. J.E.D. of Southwest Florida, Inc. Josel~ E. D'Jamoo ;s?as its President ' by Elizabeth A. D'Jamoos, Attorney-in-Fact for Joseph E. D'Jamoos Colony Corporate Centre, Inc. ~J ...... / · . ' / ] Joseph E. D Jamp~s, as its President by Elizabeth A. D'Jamoos, Attorney-in-Fact for Joseph E. D'Jamoos STATE OF FLORIDA COUNTY OF COLLIER Sworn to and subscribed before me this 16th day of May, 2002, by Ehzabeth A. D'Jamoos, who is personally known to me or produced ,,fl~,.r~-~,~. ~ ~,--~,J as identification. (seal) Notary gu61ic, State of Florida NOV 1 9 2002 ',,,,.;,-,' /,a..hc ~o.~U.g co.. z~. PILJDA-2002 ~-z>t)o PROJECT #1999005] DATE: 6/3/02 RAY BELLOWS 05/06/02 ~o~ 13:$9 FA.T ~002 wCI-EXECUTIVE OFFICE Fax:g41-49~-8o--~ Ma9 6 2002 12:57 P. O] WCI: co ,~-~ (9+~) ,~.-~g The ~k~,C;rlzon, V~nr~ian CeI~ Guewiy Coif ~ Cau~t~ Club Sun Ci,y C~ntcr ~J}dcu Ku~ Coif ~ C=~nt~ Club ~;¢*n ~u~d Golf &' K~., ~ub Pelion ~e Seam,s :[ N~plu Cz)- Pclic~a Match Tusqny Titpdn TJbu~On MMUNITIE$, INC. Apdl30, 2002 Colony Corporate Centre, Inc. 91.50 G-alleria Court, Suite 100 Naples, FL 34109 Pa:: ~cndmcnt to Pelican Marsh PUD Dear Sirs: WCI Commun/ties of 24301 Walden Center Drive, Bonita Springs, ~ 34134, supports ~c proposed amendment to the Pelican Marsh lrL~/~14~ to increase the amount of Medical Office space eJlowed fi.om 9,000 squm'e fe~ co 26,000 square feet, Further, WCI Commuahies authorizes Colony Corporate Centre Inc. to submit the application to Collier County Govment to amend the PUD/DIM in this maz~cr. ~Y L. PufloLrzha f,~ J"[mmmo¢~ Dunes Creati .3 J.E.D. ting Innovative Business Destinations OF SOUTHWEST FLORIDA, INC. May 16, 2002 RWA, Inc 3050 North Horseshoe Dr., Suite 270 Naples, Florida 34104 To Whom It May Concern: ' Please be advised that authorization is hereby given to the fn'm of RWA, Inc., to act as agent in all actions relating to the zoning, amendments submitted on behalf of J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre, INC., with authorization from WCI Conunmfities, Inc., and affecting the tbllowing described lands:. ~ Pelican Marsh PUD/DRI: Collier County, all of Sections 27, 34, 35 and 36 and a portion of Section 25, in Township 48 South, Range 25 East, and a portion of Section 31, Range 48 South, Township 26 East. (Full legal description is attached.) J.E.D. of Southwest Florida, Inc. Jo~epl~'E..D'Jamoos, a.C~ts President by Elizabeth A. D'Jamoos, Attorney-in-Fact for Joseph E. D'Jamoos Colony Corporate Centre, Inc. by Elizabeth A. D'Jamoos, Attorney-in-Fact for Joseph E. D'Jamoos STATE OF FLORIDA COUNTY OF COLLIER ~ge~ut.. 5.6.02 The foregoing instrument was acknowledged before me this 16th day of May, 2002, by Elizabeth A. D'Jamoos, as attomey-ln-fact for Joseph E. D'Jamoos, who is personally known to me, and who did not take an oath. (seal) tar), Pub.!,~,~t o~ . r~,, ~4-,~'-. ~ ,,,ar~ ,,. ~onaeo '~'i,,,~. "" ~" . non,ecl. Thru · ,~'~ .~l*ntia Bonding Co.. Inc. 9150 Galleria Court, Suite 100 Naples, Florida 34109 Phone: 941-596-2733 Fax: 941-596-3686 www.jedflorida.com NOV 1 9 2002 ~002 F.~ 04/01/02 ',fO.~ 11:54 ARTICLES OF INCORPORATION OF coLONY CORPORATE cENTRE, INC. FIR,ST: Thc name of the corporation (Qm ,,CorpOration") is COLONY CORI~ORATE SECCI';D: Thc ~rincipal of/ice of the Corporation is 13356 Rosewood Lane, Naples, Florida 34119. TI-IIRD: Thc purpose or purpo~e.s for which thc Corporation is organized are to engage in thc transaction of any or all lawful business for which corporations may be incorporated under the provisions of thc Florida Busings Corporation Act- FOURTt{: The aigrc~a~ number of shares which thc Corporation shall have iu. tthorit7 [o issue is one h ,undr~d (100) sbar~s of common stock, aru/the par valu~ of each such share is One and 00/100 Dollars ($I.00). 393B FIFTH: The strm;t address of th~ initial registered offic~ of thc Corporation is 'ramiami Tfait ~''l°rth' Suite ,;02, Napics, Floricha 34103, and thc name of ils initial registered agent at such address is David N. Morri~on. sIXTH: Thc numb:r of directors constituting thc initial Board of Directors of th: Corpora6on is one (1). Thc numbe~ of directors may b~ im~rcas~ from ~ to time by the Bylaws, but shall l~ev:r b: less than one (1). The name and addre~ ofth¢ initial director of thc Corporation loscph E. D'~amoos 13~56 Ros~,,'ood Lan: Naples, Florida 34119 SEVENTH: The nam~ mad address of thc pemon signing da~s~ Articles of ln~rporation is ]os~ph E. D'lamoos, 13356 Kos~vood Lane, Naples, Flo~id~ 34119. EIGHTIt: Thc power to. adopt, alter, amend or tel~al Bylaws shall be vestal hi the Board of Dir¢ctom and thc Shareholders. NI1N~I:I: This Corporagon r:ser',':s thc right ~o amemcl or mi:mM any provisions contained in th:s~ Articles of Iur, orporatio:, or any arnenclm::~ w flmm, a~d any rights conferr~ upon the Sha~¢holck'rs ar~ subject m this r~servatlon. PUDA-2002-AR-256, PROJECT #1999005 DATE: 6/3/02 RAY BELLOWS Lb. NOV 1 9 2002 003 IN WITNESS WltlgR~OF, the undersigned Subscriber, for thc purposes of forming a corporation under Re Florida Business Corpo=tion Ai:t, has executed these Articles of IncorpomQon this day of January, I99g. E. D'JAMOOS, Subscriber STAYE OF FLORIDA COUNTY OF COLLIER -/.. of January, 1998 The foregoing instrument ,~ acknowledged before me this 'Z-/-- day by JOSEPH E. D'J~MOOS, wh~ is p,~rsc, nally known m me or who ha~ producext (type of identification) aa id~ltification and who did ~did not) take art oath. N(~TE~ If a ~: c,f identification is not inserted in the blank provided, then the person executing this instramen: v,~ ~:rsoaally known to me. lgthe words in the parenthetical "did not" are not circled, th~a thc .~'~-::'.':' executing this ~ent did take an oath. (Type or print Name of Acknowlodger) I, the und~igned person, having been named as registc'red agent and m accept service of process for the above-mated corporaticn ar th~ place designa~ in tbi_s statement, hereby accept the appointment as registered agent and agree to act in this capacity. I ftmher agree to comply with the provisions of all stavatm relating to the proper and complete perfonnanee of my duties, and I am familiar with and accept the obligations of my position as registered agent. DA~VID N. MORRISON Dal~: Janua~ ~ 1998 NOV 1 9.200z o4/el/O2 ~ON 11:$$ FA[ ARTICLES OF INCORPORATION _ OF JED OF SOUTHWEST FLORIDA, INC. 004 FIRST: The name of the corporation (the "Corporation") is JED OF SOUTHVfEST FLORIDA, INC. SECOND: The principal office o.f the Corporation is 13356 Rosewood Lane, Naples, Florida 34119. THIRD: The purpose or purposes for which thc Corporation is organized are to engage in the transaction of any or all lawful business for which corporations may bc incorporated under the provisions of the Florida Buzine$$ Corporation Act. FOURTH: The aggregate number of shares which the Corporation shall have authority to issue is one hundred (100) shares of common stock, and the par value of each such share is One and 00/[ 00 Dollars ($1.00). FIFTH: The street address of the initial registered office of the Corporation is 3838 Tamiami Trail North, Suite 402, Naples, Florida 34103, and the name of its initial registered agent at such address is David N. Morrison. SIXTH: The number of directors constituting the initial Board of Directors of the Corporation is one (1). The number of directors may be {nereased fi'om time to time by the Bylaws, but shall never be less than one (l). The name and address of the initial director of the Corporation is: Joseph E. D'Jarnoos 13356 Rosewood Lane Naples, Florida 341 I9 SEVENTH: The name and adckess of the person signing these Articles of Incorporation is Jose~ h E. D'Jamoos, 13356 l~sewood Lane, Naples, Florida 34119. EIGHTH: The power to adopt, alter, amend or repeal Bylaws shall be vested in the Board of Directors and the Shareholders. NINTH: This Corporation reserves the right to amend or repeal any provisions contained in these Articles of Incorporation, or any amendment to them, and any rights conferred upon the Shareholders are subject to this reservation. NOV 1 9 2002 04/'01/02 ~0N 11:56 FAX ~005 IN WITNESS WHEREOF, thc undersigned Subscriber, for thc purposes of forming a corporatio~_~dcr thc Florida Business Corporation Act, has executed these Articles of Incorporation this ./,ff.2 day of August, 1998. STATE OF FLORIDA COUNTY OF COLLIER The foregoing in$trument was acknowledged before me this _/,~ day of August, 1998 by JOSEPH E. D'$AMOOS, who is personally known to me or who has produced (type of identification) ~ identification and who did (did not) take an oath. NOTE: Ifa type of identification is not inserted in the blank provided, then the person executing this instrument was personally known to me. If thc words in the paz~nthetical "did not" are not circled, then the person executing tlfis instrument did take an oaXh. ~vnmo~rm.~m t{ Signa,~e {,.~ ,r r' _,-'-~ - --: - -- (Type or print Name of Acknowledger) I, the undersigned person, having been named as registered agent and to accept service of process for the above-stated corporation at the place designated in this statement, hereby accept the appointment as regi tered agent and agree to act in this capacity. I further agree to comply with the provisions of all st tutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. ~.Ot Date: August /,~- ,1998 NOV 1 9 2002 04/01/02 M0N 11:56 F.,*,.T ~006 mfAU-dtm ~. {m~m{ re,mO L Mm{j, fromm m m ~LgU efimm~l~ ~lim B mt{ u~t emro m m ,, S~ Rnddm Mi34. bmuh {rid bGatmr, O,e~k~mm~ ~ mmmd W NOV 1 9 2002 04/01/02 MON 11:56 F~ ~007 AGENDA ITEM NOV 1 9 200~. 04/01/02 )iON 11:56 F~ OO8 NOV 1 9 2002 04/01/02 3f0N 11:57 FAX ~009 NOV 1 9 2002 04/01/02 WON 11:57 FAX ~010 NOV 1 9 2O02 04/'01/02 lION 11:57 FAX NOV I 9 2002 04/01/02 ~ION 11:58 FAX ~012 "' OR: 26:~ I'G: 3079 NOV 1 9 2002 04/01/02 M0N 11:58 FA.X This Instrumem Prepared Vivlen N. Hastings, Esq. WCI Communitlcs Limited Partnership 24301 Walden Center Drive Boni',a Springs, FL 34134 Parcel ID #: 0177120509 ~013 2i83718 OR: 2552 PS: 0992. CO~S Dec-.70 2~50~,0~ COKMUNI~IBS ?ITL! CO 14301 W~DBM CBN~IR DR ISY FL THIS WARRANTY DEED made this ~0 day of May, 1999, by WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware limited partnership, having its principal place of business at 24301 Walden Center Drive, Bonita Springs, Florida 34134 ("Orantor") to COLONY CORPO'~,.ATE CENTRE, INC., a Florida corporation, having its principal place of business at: 13356 tRosewood Lane, Naples, Florida 34119 ("Grantee"). (whichever used herein the terms "Grantor" and "Grantee" include all the parties to this i{nsta'umcnt z_nd the heirs, legal representatives and ~signs, ~ssigns of individ~ls, and the successors and assigns of corporations). WlTNESSETH: That Grantor, for and in consideration of the sum of $10.00 and other valuable ~nsidcration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remiscs, releases, conveys, and confirms unto Grantee, all that cectain land sipaate in Collier County, Florida, viz: All that part of Section 35, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described on Exhibit "A" attached hereto and made a part hereof, being 9.66 acres more or less (the "Property"). Subject to: A. Taxes and assessments for 1999 and subsequent years; B. That certain DECLARATION OF GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS FOR PELICAN MARSH recorded in Official Records Book 1891, Pages 1814 through 1865, inclusive, of the Public Records of Collier County, Florida, as amended or supplemented; C. That certain DECLARATION OF RESTILICTIVE COVENANTS FOR A PORTION OF PELICAN MARSH, SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, PARCEL I LEARNINO CENTER to be recorded simullaneou$ly herewith; D. Applicable comprehensive plans, or elements or portions hereof, land development regulations including zoning and subdivision ordinances, development orders, Pelican Marsh DILl Development Order 95-1 adopted by the Board of County Commissioners of Collier County, Florida pursuant to Resolution No. 95-71 dated January 24, 1995. development permits and other regulations and conditions of all governmental agencies concerning the E. The Pelican Mm'~h Planned Unit Development assigned ordinance number 97-79; F. The Property is within the Pelican Marsh Community Development District ("District") and Grantee shall be subject to District assessments as thc same my exist from time to time. GRANTEE IS REQUIRED TO INCLUDE THIS DISCLOSURE IN ANY SUBSEQUENT DEEDS CONVEYING A PORTION OR ALL OF THE PROPERTY. O. Grantee shall conmaence construction on the Property in accordance with ti Construction Plans and Specifications [as defined in the Deposit Receipt and Sales Agreeme: NOV 1 9 2OO2 04/01/02 M0N 11:58 FAX. OR: 2552 PGe 0993 [~] 014 between Orantee and Grantor dated April 26, 1999 (the "Sales Agreement")] on or before eighteen (18) months fi.om the date of this Warranty Deed. Once Commencement of Construction has occurred, construction shall continue without interruption and Grantee shall "diligently continue construction" as defined in the Sales Agreement. In the event Grantee fails to commence construction or to diligenfly continue construction as required by the Agreement, aher a period of ninety (90) days (which period shall commence on the day Grantor gives Grantee written notice of its intention to exercise its right to repurchase the Property in accordance with the terms hereo0, unless Grantee, during such ninety (90) day period, commences construction or re- commences construction and thereafter diligently cominue~ construction on the Property, provided, however, C_nmntor be obligated to provide such notice only one time, thereafter, Grantee shall have no rights to any ~uch notices or any additional cure periods, Grantor shall have the right, but not the obligation, after the expiration of such ninety (90) day period, to repurchase the Property at ninety percent (90%) of the prorata Purchase Price paid by Grantee for the Property, less any attorrmy's fees, transfer fees, recording charges or other charges incurred by Grantor in connection with such repurchase (herein called "Repurchase Price'). Prorations, if any, shall be made as of the date of the repurchase closing. If Grantor shall elect to exercise such option to repurchase the Property, the option shall be exercised by Grantor within ninety (90) days of the date that Grantee shall have failed to commence or continue construction as aforesaid. If the option is exercised, Grantor shall pay the Repurchase Price in cash and Grantee shall deliver to Grantor a special warranty de.~ to the Property on portions thereof being repurchased; and at or in connection with such repurchase closing, Grantee sha]l pay and satisfy all liens and mortgages encumbering the Property being repurchased which were imposed on the Property during the period of time Grantee own~ the Property. H. Interloeal Agreement entered into on May 4, 1993, between the Board of County Commissioners of Collier County, Florida, as governing body,_and Board of Supervisors of Pelican Marsh CommmfiW Development District which appears of record in O.R. Book 1921, Pages 1941 through 1970, inclusive, of the Public Records of Collier County, Florida. I. Notice of Adoption of Development Order recorded in O.R. Book 2067, Page 1851, and Notice of Change of Development Order recorded in O.R. Book 2183, Page 1972, of the Public Records of Collier County, Florida. J. The Property is located within the bounds ofthe Coastal Area Planning District as created by the Board of County Commissioners of Collier County, Florida, by Resolution dated August 13, 1968 and reaffirmed by Resolution dated May 4, 1976, and recorded in O.P~ Book 649, Page 1239, of the Public Records of Collier County, Florida. K. Preliminary Development Agreement entered into betweex~ Westinghouse Communities of Naples, Inc., as developer of a proposed project known as Pelican Marsh, and the State of Florida Department of Community Affairs recorded June 11, 1993, in O.R. Book 1835, Page 375, of the Public Records of Collier County, Florida. L. Orantee from the date of this Warranty Deed to August I, 2000 (the "Re~ricted Period"), shall not construct or operate a destination resort hotel on the Property comparable in quality to the Ritz-Carlton beach hotel currently located on Vanderbilt Beach Road in Naples, Florida. Further, Orantee during the Restricted Period, shall not convey the Property or any portion thereof to any person, party or entity for the purpose of constructing or operating a destination resort hotel on the Property comparable in quality to the Ritz-Carlton beach hotel currently located on Vanderbilt Beach Road in Naples, Florida. During the Restricted Period all deeds conveying the Property or a portion thereof ~xall contain a covenant prohibiting the purchaser of the Property from constructing or operating on ~ch Property a destination resor~ hotel comparable in quality to the Ritz-Carlton beach hotel currently located on Vanderbik Beach Road in Naples, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anyway appertaining. AGE~qDA ITEM?~ TO HAVE AND TO HOLD, the Prol:~'rty in fcc simple forever. NO,_ Iega[\pelmarshXlcm-ning center onc~d~ed NOV I 9 2002 31 O4/O1/02 HON 11:59 FAX ~015 2552 PG: 0994 Grantee is hereby notified that (1) the Property Grantee is purchasing is located within a hurtleane vulnerability zone; (2) the hurricane evacuation time for the Southwest Florida Region is high; and (3) hurricane shelter space is limited. GRANTEE IS REQUIRED TO INCLUDE THIS NOTIFICATION IN ANY SUBSEQUENT DEEDS CONVEYING A PORTION OR ALL OF THE PROPERTY- Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; thai Grantor has good right and lawful authority to sell and convey the Property; that Cn'antor hereby fully warrants title to the Propert~ and will defend same against the lawful claims of all persons whomsoever; and that the Property is free from all encumbrances, except as otherwise noted above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name and its corporate seal to be hereunto affixed, by its proper officer thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in thc presence of: WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware limited partnership /,Albert F. Moscato, Jr. ~ Its:// Vice President ' ~it~ess #1 ~ O Printed Na~ne of Witnessc~l Wime~ g2 Pdn{cd Nme of ~im~ss ~2 ~k 2487, P~c 2871, of~c Public gecc ::~ ,:7 Collier ~t7, Florida. STATE OF FLORIDA COUNTY OF LEE The foregoing Warrant?' Dccd was acknowledged before me by Albert F. Moscato, Jr., as Vice President of WCI Communit2es Limited Partnership, a Delaware limited partnership, on behalf of the timited partnership. He is personally known to me. WITNESS my hand and official seal this ~ day of May, 1999. ~.~,,. C,rin A- RUPP ~..h_~. ~ ~ ~NO~OmRU Notary Public, Statc o~..~l%rida My Commission Expires: Printed Name of Notary Public i~gal\p~mmt~dn\le~,ning cente~ one'deed A~A~TEM f) ~ NOV 1 9 2002 04,'01/02 MON 12:00 FAX [~016 · , . . .,. , · . ~ · · ..... ., , ~'~.." ~",' "~. .'~:-~''"']~-' L..' ,' ~ "~' .... ~: " .... "''"" ,/" ' ": ' ' PI..~NN~I{.~, F~NVil;~h~,Mt~N IAI. (.;~IN.~ULI',%N'I',~. ~C',&VF. YLI,I~..~ L6NI)."~.;.~J'F ~ ~.~,~ I ;li~.;T~, uescnplion a~ ?art o~Sect an liS, Townsl~ilJ 48 Sou~h ' ' R~n~e 25 E~sl, Collier County. Florida ., P~lic~n Mar~h Lc,rn~n~ C~n~cr Phas~ Ail that pan orSection 3.5, Township 48 $oulh. Range 25 East. Collim' County. Florida sad beln~ moro panlcularly described as Con~encin~ ~t Ihe souHl¢nsl comer or said S,ction 3 ~l~¢nce a~on~ the somh line arsaid Section 3S. South 8g~38'54'' West I00.00 Feel to ~ polnl on ~he west ri~ht-oF-way line o~rpo~-Pullin8 Road (CR 3 I); thence continue aion~ said scc~ion Ii,c, South 8D"3 ~'54" West 771.70 Feet; three lcavin~ said se~liOn line, Noah O0~2]'0~'' West thence South 8g"38'S4" West 40gSI ~eet to ll~e Point a~eBinnln~ oF Ihe parcel herein d~cribed; ~hcnce 5ou~h 8P~38'54'' Wes~ 804.26 Ihence Noah O0'20'33" West 526.25 fec~ to a point o~cu~ature; thence e~stcrly 38.79 feet along the arc oFa no,.tangentlal circular cu~c concave no~hcrly having a radius oF4?l.?g Fce~ through · cenn'aJ angle oF04"42'4 I" and being subtended by chord which bears Sot,U, 81"I 1'23" East 3g.78 ~eet; thence easterly 122.14 Feet along Hie arc oFn non-tangential circular cU~¢ concflve no~llcrly having a radius o~57.50 fe~t through a central angle o~07"t 8'3? and being subtended by a chord which bears South 87°5 ]'03" ~st 122.06 fcct; Ihen¢~ No~h 88"13'42'' E~st 47~.G5 leek Ih~nce easterly 86.69 l%et along the arc oI'a non-tangential circular cu~e concave no~herly ha~,ing a radius o~7q7.92 rcct through a cemral angle of0~38'27'' and b~ing subtended by chord which bears Noah ~5~0~'57'' East 86.64 thence easterly 64.34 Iici along [l~ arc ora non.tangential clrcttlar cu~e concave northerly, having a radius oF317.70 F¢ct lhrough a cenlral ~nglc oF I 1°36. I0" and bring subtended by a chord which bear~ North 75"11'4~'' Eas~ ~4.23 Feet; Ihencc noaheasterly 27.96 Feet nIong ~he arc ora non-langcntial circular cu~e concave no~hwcslerly, having a md[us oF 5~.34 rc~t through a central ~ngle or26"59'59'' and bain8 subt~ded by a chord which bears Noah 52"05'39'' East 27.71 feet; Ihence along a non-langemial l~ne Soud~ 00~20'3D'' East S66, Ig fee~ to lhe Poini of Beginning. Subj=ct Io ~sements and restrictions or rccard. Con(aininS 9.66 acres more or less. Bearings are based on the south linc o~sR;d Scclion 35, South 89"38'59'' West Ceni~ca{e or~uthorization W[L, SON, M2LLER. BARTON ,.~ PEF~, ['NC. Registered Engineers and Land Surveyors By:, Dale John P. Malone),. P.S.M.//4493 Not valid unless cmbosscd with thc ProFessional's seal. Raj'. 2L-444, she¢[ 2 EXHIBIT A 3ZOO b.~;I,,,y L=,,',e, ~..~.1i~¢ 2OO, Nephew.. Flu~idn t4105-8tO~ · Dh 941-649.4040 AGENDA ITF_M/3 NOV 1 9 2002 04/01/'02 ~ON 12:00 E~HiBIT A + r~ ~ o17 D AIRPORT PULLI'O ROAD (C.R. AGE NOV 19 2002 }ION 12:00 FAX This hasrrument Prepared By: Vivien lq. Hastings, Esq. WCI Communities Limited partnership 24301 Walden Center Drive Bonita Springs, FL 34134 P~cel ID ~: T~ w~Y DE~D made ~is ~ ,., day of Omober, by: WCI CO~S L~TED P~TNE~ a Dela~e l~it~ pa~nership, bavin~ i~ principal place of business at 24301 Walden Center Drive, Boni~ Spfin~s, Fiori~ 341 ~4, herein called ~e Grantor, to: JED OF SO~E~ ~O~A, ~C. a Florida ~omtion, havint i~ principal place of business a 15~36 Ros~ood L~e, Naples, Florida 34119, he~ called the O~tee, (whichever used herein ~e te~s "Or~tor" and "G~antee" include all · e helm, legal rep~s~n~tiv~ and ~si~s~ ~si~s of individ~ls, ~d co~o~tions). ~t't'gSSE~= ~at ~ Grater, for and in consideration of ~e sum of S10.00 ~d o~er valuable ~nsideraion, ~ceipt wher~f is hereby acknowledged, hereby ~r~, b~gains, sells, ~iens, remises, ~le~es, ~nveys, ~d con~s umo ~e Greige, all ~a ~in l~d situae in ~llier Co.W, Florid~ viz: A tmet or parcel of I~nd lying wi~ln ~uge 25 Emt, Collier Count, ~o~d~ mor~ or I~s, ~.d ~ing more p~cu~rly d~ ~ched hereto .nd m~de n p~ beret (the ~Prope~"). 018 23Pa293 OR: 2t75 PGe 1635 RIC0RI;~..n 0~I~IAL ~BC01~D-s 0[ C0~LIBI~ C0~S lt0~13~ SUBJECT TO: A. Taxes end assessments f'or 1998 and subsequent years; B. That certain DECLARATION OF GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS FOR PELICAN MARSH recorded in Official Records Book 1891, Pages 1814 Ii, rough 186:5, inclusive, of the Public Records of Collier Gounty, Florida, as amended or supplemented; C. That certain DECLARATION OF RESTRICTIVE COVENANTS FOR A PORTION OF PELICAN MAILSH SE, Gl'ION 35, TOWNSI-LIP 48 SOU'I~, RANGE 25 EAST, COLLIER COUNTY, FLORiDA (FLVrLIRI~ PARCEL "L"), to be recorded simuRancously herewith; D. Applicable comprehensive plans, or elements or portions hereof, land development regulations including zoning and subdivision ordinances, development orders, Pelican Marsh DEl Development Order 95-1 adc ,ted by the Board of Gounty Commissioners of Collier Gounty, Florida pursuant to Resolution No. 9:71 dated January 24, 1995. development permits and other regulations and conditions of all govemmenta, agencies concerning the Property; E. The Property lies within the Pelican Marsh Community. Grantee is hereby notificcl that (1) ~he Properly Grantee is purchasing is located within a hurricane vulnerability zone; (2) the hurricane evacuation time for the Southwest Florida Region is high; and (3) hurricane shelter space is limited. GRANTEE IS REQUIRED TO INCLUDE THIS NOTIFICATION IN ANY SUBSEQUENT DEEDS CONVEYING A PORTION OR ALL OF ~ PROPERTY. F. The Pelican Marsh Planned Unit Development assigned ordinance number 95-4; O. Thc lien of any and all assessment liens that have heretofore bccn authorized, or shall hercat'ter be authorized, to be assessed against the Property, including the Pelican Marsh Commun Development District and assessments; H. Grantee shall commence construction on the Property in accordance with thc Plans Specifications [as defined in the Deposit Receipt and Sales Agracmcnt between Grantor and K:leSal~l mN,Rfd'umre Dzl~.'d NOV 1 9 2002 pf.~"~ _ 2475 PG: 1636 dated August 17, 1998 (''Sales Agreement")] for the Property on or before one (1) year from the closing date of thc sale. Once commenced, consL,'~etion shall continue without interruption and Grantee shah "diligendy continue eons'a'uction" as defined in the Sales Agreement. For purposes of this Paragraph H, "commence construction" shall mean thc placement of forms for 'the foundation for the firs~ building on the P~operty. If Grantee fails to comply with the foregoing requirements, Grantor shall have the right, but not the obligation to repurchase the portion of the ProperLy then owned by Grantee upon which construction has not commenced at nineW percent (90%) of the purchase price paid by Grantee for the Property. less any aRorney's fees, credits to Grantor, transfer fees, recording charges or closing charges incun'cd by Grantor in connection wi~ such repurchase (herein called "Repurchase Price"). Prorations, if any, shnll be made as of the date of the repurchase closing. If Grantor shall elect to exercise such option to repurchase the Property, the option shall be exercised by Grantor within ninety (90) days of the date that Gran~ee and/or subsequent purchasers shall have failed to commence or continue construction as aforesaid. If the option is exercised, Grantor shall pay the Repurchase Price in c.a~h nad Grantee shall deliver to Grantor a special wazranty deed to the Property or portions thereof being repurchased; and at or in connection with such repurchase closing, Grantee shall pay and satisfy all liens and mortgages encumbering the Property being mpa)chased which were imposed on the Property during the period of time Grantcc owned the Property. AIl",,planning and design work shall ~creupon belong to Grantor. I. All matters identified c~n Exhibit "B" attached hereto and made a pa~t hereof. TOGETHER ~ith all the tenements, hcreditamcn~s and appurtenances thereto belonging or in anyway appertaining, i' TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said Proper~y in fee simple; that the Grantor has good right and lawful authority to sell and convey said Property; that the Grantor hereby fully wan'ants title to said Property and will defend same against the lawful claims of all persons whomsoever;, and that said land is free from all encumbrances, except as otherwise notes above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name and its corporate seal to be hereunto affixed, by its proper officer thereunto duly authorized, the day and year fLrSt above written. Signe~l. sealed and delivered in the presence of: W..imcss #1 ~ ~ 9 ~ted N~ ~f Wimps ~ 1~ . Wimes~ ~2 ~/" Pfint~N~e of Wimess ~2 * ~ecuc~ ~uaal to autbofi~ g~at~ i~ ~at ce~la Ce~fica~ of A~orne~ ~o~ ia O.~ ~.k 2467, ~agc X I~, o~ ~e ~n~ie RKords of Cz~er togaS) ~. WCI COMMLFN1TIES LIMITED PARTNERSHIP, a DeIa~A/~ite/~artnership By: ~ t_/..t'-/- . /Oe~oyer' Its: 5~aioF Vi'ce President STATE OF FLORIDA COUNTY OF LEE The foregoing Wnmmty Deed w~ acknowledged before me by Jerry H. Schmoyer a~ Senior Vice President of WCI C~mmunities Limited P~,mershlp, a Delaware limited parmership, on behalf of the panncrship. Hc is personall~ known m mc. WITNESS my hand and of~clal seal thi~ ~ day of Octo.ber;~8. Notary Public, State of FIo~i~ %C, erln A. Commission ~ ~ ~1187 ~s Dec. 8. ~0 NOV 1 9 2OO2 OR: 2475 PG: 1637 SURVEYORS & MAPPERS INC. 1502-A RA/L ~ BLVD. NAPLES, FLORIDA 34110 TELEPHONE: 941-597-13 t 5 FAX: 941-597-5207 A PARCEL OF LAND LYING WITH/N SECTION 35, TOV~NSH/P 48 SOUTH, RANGE 25 EAST, COLLIER, COUNTY, FLORIDA, AND BEING MORE pARTICLU..,AF, L¥ DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST COKNEK OF SAJI) SECTION 35, THENCE RUN S. 00°31'59' E. ALONG TH~ EAST LINE OF S/LID SECTION 35 AND ALONG THE CENTS~ OF A/RPORT-PD'7..LI2qG ROAD (CE 31), FOR 3422.08 FF_~T; THISNCE RUN S.89"28'0 I'W. FOR. 100.00 FEET TO Tt-[E WEST RIGHT-OF-WAY L~FE OF SAID AIRPORT KOAD AND THE POIIqT OF BEGLNNLNG. FROM SA.ID POINT OF BEGIlqNING RUN S.00o31'59"E. ALONG SA-rD WEST RIGF{T.-OF-WAY LINE OF SA]i) AIRPORT ROAD, FOR 375.00 FEET TO A POINT OF CURVATURE; THL:NCE LEAVING SA. ID WEST RIGI-Uf'..OF-WAY' LINE, R. UN SOUTI-{WESTERLY FOR. 39.27 FEET ALONG TI-{E ARC OF A CURVE TO TI-IF RIGHT, i-LA3/TNG A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90°00'06''. A CHORD LENGTH OF 35.36 FEET AND A CHORD BEARING OF S.44°28'04'W. TO ^ POINT OF TANGISNCY ON ~ PROPOSED NOR//-[ RIGHT-OF-WAY L~rE OF p~I]5 LAKE DR,rVE; TI-IE-NCE RUN S.$9025'07"W., ALONG SAID PROPOSED NORTH RIGHT-OF-WAY Lllq'E, FOR 534.74. FEET; THENCE RUN N.00°31'53'W. FOR. 400.00 FEET; 'I'I4ENCE RUN N.S9~28'07"F- FOR 559.73 FEET TO ~ POINT OF BEGIININIING. CONTAINING 5. I4 ACRES OF LAND, MORE OR LESS. T141S PROPERTY IS SUIB.I'ECT TO EASEMENTS, RESERV/ 1'IONS, OR RESTRIC'FIONS · OF RECORD. ~ A. 5I.,OSSER, STATE OF FLORIDA, (PSM/$5560) BBL,~ SURVEYORS & MAPPERS INC.,(LB.#6753) SEE ATTACHF. D SKETCH NOV 1 9 2002 04/01/02 AON 12:02 FA-~ ~021 OR: 2475 PG: 1638 ' -;il I ~ I tSO2,.A RAIL HF. AD BL VO. 04/01/02 ~ON 12:02 F.~T ~022 *** OR: 2475 PG: 1639 *** Terms, pr~vtsions, c~nditiom, ensements, assessments ~d ~6on r~ in O.~ ~k 1~1, P~c 1814, ~ ~md~ in O.~ ~ok 19~9, ~e 5~, O.~ ~k ~88, ~e 2019, O.~ ~k ~8, Page 210; O.~ ~ok 20t0, P~c ~; 0.~ ~k 20[0, ~e 1~9; 0.~ ~k 2015, ~e 15~; O.R. ~k 2016, ~e 1019; O.~ ~k 2035, ~e 2274; O.~ ~ok 21~, ~e 1085; ~d O.~ Book ~05, P~e 20~, O.R. ~k ~8, ~e 760 ~40-~ Book ~8, ~e~t, ~d O.~ ~k ~, ~e 573, ~d O.~ ~d O.~ Book ~55, ~e 910, O.R. ~ok ~77, Page 2613, O.R. ~ok ~77, P~e 2~, O.R. ~k ~79, ~e 11~ and O.R. ~k ~gS~ ~ge ~, ~d O.R. Bonk , ~e ~, o~ ~e ~bUc R~r~ of Colli~ Count, T~, p~ons, con~o~, ~en~. ~5 D~fion of N~gh~r~d Cov~, Con~fio~ and O~ ~k ~ ~e ~, ~bUc R~ o~ Colli~ Co~ty, ~fi~. Pr~diminaz'y Development Agreement tur Pelican Mar~h recorded in O.R. Book 1/k35, Page 375 and ns amended in O.R. Book 21~3, Page 1972, Public Records of Collk. t' County, Florida. [nterloc=d Agreement ~tered into on May 4, 1993, between The Board o/' County Commiaslone~s of Collier County Florida, ns guyed'edna body, and Board o/' Supe~,iSocS of The Pelican Marsh Community Development D/strict recorded in O.R. Book 192[, Page 194l, -',nd O.R. Book 213.~, Page 601, Public Records of Collier County, Florida. Terms, covenants and conditions indudlng cnmpuL~ory construction nz~d re~ur~Jxnse provisions a~n 'rained in that certain contx-act t~ purchase by nnd beVwecn WCI Commun/ti*~ Limited partnership, and. The property is located within the bounds of the Const~ Area Planning Distr/ct as created by Ute of County Commlss/oners of Collier County, Florid~ by Resotution dated August L3, 1968, nnd rmfrwmed by Resolution dated May 4, 1F76. r~cor~led in Ofl%/'.fl Record Book 649, pn~e 1239, or' the publlg of Colli~s' County, Florida. Subjm:t prop~'ty lles w/th/n the bourt~r~ of Pellc=n Marsh Community Development District and m~y be subject to the levying of Speci'~l ~gssessments thereo£ AGENDA ITEM NOV 1 9 2002 DEVELOPMENT ORDER 02- RESOLUTION NO. 02 -__ A RESOLUTION AMENDING DEVELOPMENT ORDER NUMBER 95-1, AS AMENDED, FOR THE PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT (DRD BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO THE FINDINGS OF FACT SECTION TO REFLECT AN INCREASE IN THE SQUARE FOOTAGE OF MEDICAL OFFICE USES AND TO CORRECT THE OMMISSION OF THE TERM "OFFICE USES" FROM THE FINDINGS OF FACT SECTION; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. WHEREAS, WCI Communities, Inc., filed on November 30, 1993, with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as Pelican Marsh Community in accordance with Subsection 380.06 (6), Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 95-1 (the "Development Order") for the Pelican Marsh Community DRI on January 24, 1995; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved several subsequent amendments to the Development Order since January 24, 1995 to the present; and WHEREAS, J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre, Inc., with the concurrence of WCI Communities, Inc., desire to make certain revisions to the plan of development and Development Order for the Pelican Marsh Community and to make certain changes to the development approved herein; and WHEREAS, LE.D. of Southwest Florida, Inc. and Colony Corporate Centre, Inc., through their authorized agent, have filed their application and notification of a proposed change to Development Order 95-1, as amended, which is attached hereto and incorporated by reference herein as Exhibit "A"; and WHEREAS, the Board of County Commissioners, as the governing body of the unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06, Florida Statues, is authorized and empowered to consider proposed changes to the Pelican Marsh Community DRI Development Order 95-1, as amended; and Wo~ds :.'--~ ~:~_~-;h.. are deleted; words undedi~ed am added NOV I 9 2002 WHEREAS, the Collier County Board of Commissioners passed Ordinance No. on ,2002, which has the effect of amending the PUD Zoning District for the Pelican Marsh Community previously approved in Ordinance No. 99-90; and WHEREAS on ,2002, the Board of County Commissioners, at a public hearing in accordance with Section 380.06, Florida Statutes, having considered the J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre, Inc., application and notice of proposed changes to the Pelican Marsh Community Development Order 95-1, as amended, and the record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission; and report and recommendation of the Collier County Planning Commission; the report and recommendations of the Collier County Planning Staff and Advisory Boards; the report and recommendations of the Southwest Florida Regional Planning Council, the Board of County Commissioners of Collier County hereby approves the following Pelican Marsh Community Development Order amendments. NOW, THEREFORE, BE IT RESOLV£D BY THE BOARD OF COUNTY COMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER Paragraph 4 of the Findings of Fact Section of the Development Order 95-1, as amended (Resolution 95-71, as amended), for the Pelican Marsh Community DRI is hereby amended to read as follows: 4. The applicant proposes the development of the Pelican Marsh Community consisting of 2213.6+ acres, as depicted in the Master Plan, Map "H3", attached as Exhibit "D". Pelican Marsh includes 80 acres of "activity center" use which will contain the following land uses: up to 381,100 square feet of gross floor area (GFA) of retail commercial use; up to 295,800 square feet of GFA of office commercial uses_, with up to 26,000 GFA of medical office uses; and 450 hotel rooms. The Pelican Marsh Community will contain a maxim of 4,800 residential dwelling units; 72 holes of golf and clubhouses; 360.4 acres of conservation area, (some of which is within an FP&L easement); 114.2 acres of open space; and a 20 acre school site. SECTION TWO: FINDINGS OF FACT A. The approved land uses within the Pelican Marsh DRI are depicted on Map "H3", Master Plan, which is marked Exhibit 'D", attached hereto and incorporated by reference herein. Words ~mak-thre~k are deleted; wcxds undedlned are added AGE~DA ~TEM~ '-- NOV 1 S 2002 B. The application is on accordance with Section 380.06(19), Florida Statutes. C. The development of Pelican Marsh Community on 2213.6+ acres of land shall include the land uses described in the above Findings of Fact at Paragraph 4. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the Southwest Florida Regional Planning Council. E. A comprehensive review of the ;impact generated by the requested amendments has been conducted by the County D~partments and the Southwest Florida Regional Planning council. F. The develop,.ment is not in an area designated an Area of Critical State Concern pursuant to the pr~visions of Section 380.06, Florida Statutes. SECTION THREE: CONCLUSIONS OF LAW A. The requested amendment of this previously approved Development Order is consistent with the report and recommendations of the Southwest Florida Regional Planning Council and does not constitute a "substantial deviation" pursuant to Section 380.06(19), Florida Statutes. B. The proposed amendment to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed amendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed amendment to the previously approved Development Order is consitent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 95-1, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties hereto. This amended Development Order shall take precedence over all other applicable previous and subsequent Development Orders which are in conflict with it. B. Copies of the Development Order No. 02- , shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management and the Southwest Florida Regional Planning Council. ...'~-~'... are delete~l; words undedtm~ are adcled N _!q NOV 1 S 2002 C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency MarjorieL~. Student ~ Assistant County Attorney DOA-2002-A R-256?/RB/am/sp Woeds ~'..-.:'-'~. _~_'~__.~h.. are deleted: words underlined are added aa.i- NOV 1 g 2002 PELICAN MARSH NOTICE OF PROPOSED CHANGE Agenda Item #3.(a) I. Back~round The Collier County Board of County Commissioners approved the Pelican Marsh DRI on January 24, 1995 (DO 95-1). The original project approval was a multi-use development; approved for 575,000 square feet gross floor area (GFA) of retail space, 250,000 gross square feet of general office space, 100,000 gross square feet of medical office space, 280 hotel rooms, 5,600 residential units and a cultural facility containing 80,000 square feet, 750 seats and 400 parking spaces. The development as originally approved also contains 36 golf courses holes, 294 acres of conservation easement and 59 acres of open space/buffers. Pelican Marsh is located in northwestern Collier County as shown on Attachment I. Previous Chanzes On September 26, 1995. t;-., Collier County Commission approved Development Order 95-5 that was necessar,' :~-' ~esolve a Boundary Settlement Agreement with an adjacent property owner to the n ..... ~ This resulted in the exchange of approximately 9 acres of land from each landowne: to the other, with the net result being an increase of one acre to the northern boundary c': :~ciican Marsh between U.S. 41 on the west and Goodlette- Frank Road on the east. An approved 1997 NOPsi tDO 97-4; Resolution No. 97-457) decreased the number of dwelling units by 500 t, ~'. 100 units and decreased retail and office use by 230,000 and 150,000 square feet, res?cctively. An additional 27 golf holes and 120 hotel rooms were also approved in 1997. The preserve acreage increased by 36.4 acres, from 294 acres to 330.4 acres and the amount of miscellaneous opens space increased from 59 acres to 114.2 acres, an increasc of 55.2 acres. Finally, in lieu of retrofitting golf course clubhouses or other approved buildings as onsite hurricane shelters, Collier County Emergency Management has agreed to accept the donation of the 20 acre Pelican Marsh Elemc;.~ary School (approxir,,xtely 148,000 square fe.,.t) site as ~,:isfaction of the shelic; space mitigation requirement. The second NOPC approved in earlier 1999 (DO 99-2) included the following' (WCI Communities Limited Partnership) minor revisions to the Pelican Marsh Master Plan to reflected changes in the previously approved land uses and to refine the approved development plan. To accommodate market conditions and to negate any increase in additional regional impacts the following changes were approved: the leasable retail commercial increased by 50,000 square feet (adding 57,500 square feet of (GFA); Ae.,ENOAtTr~ ~ hotel rooms were increased by 50 for a total of 450 rooms; and ~ { ~ NOV 1 9 2002 o 25,000 square feet decreased medical office. · The third NOPC approved on December 14, 1999 (DO 99-6) contained the following changes: added 141.6 acres of land bring total DRI size to 2,213.6 acres; added 9 holes of golf, resulting in a total of 72 holes which increased the golf course acreage from 578.8 to 642.4 acres; reducing the residential units by I00 for a total of 4,800 units; eliminate the 80,000 square foot cultural center within the Activity Center; decrease retail uses by 21,400 square feet (GFA) to a total of 381,000 square feet (GFA); increase office uses by 120,800 square feet (GFA) to a total of 295,800 square feet (GFA); and increase the conservation area by 30 acres. Proposed Changes The applicant (J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre) is proposing to increase the allowable medical office by 17,000 square feet (GFA) for a new total of 26,000 square feet. However, this change will not increase the total amount of office commercial, which based on the last DO amendment is now 295,800 square feet (GFA). Also, proposed is to correct a scrivener's error in the last DO amendment by eliminating a conflict in the language between the PUD document and the DO. The current DO does not properly reflect the current ceiling on medical office at 9,000 square feet. The two proposed changes are classified as Chapter 380.06(19)(e)3. because it is a "change not specified in paragraph (b) or paragraph (c)" and "shall be presumed to create a substantial deviation. This presumption may be rebutted by clear and convincing evidence." Character, Maznitude. Location The proposed changes will not affect the character or magnitude of the project because the total amount of office is not ir~c,'easing, just the type of office. -~so, compared to the-original DO pproval for office space the amount of office is still 54,200 square feet less than analyzed in the pplication for development approval (ADA). The location of the DRI is unaffected by the proposed changes. Regional Resources and Facilities Regional roadways would be the only facility potential affected by the change. According to the NOPC the increased medical office from the last DO amendment, which allowed for a total of 9,000 square feet will increase the daily external trips by only 1.2%, or 464 trips. The PM peak hour external trips will increase by only 0.9% or 30 trips. However, as mentioned above compared to the original ADA traffic analysis the overall trips are significal~tlY NOV 1 9 2002 54,200 square feet have reduced the office space and the medical office with this change will be 74,000 square feet less. No additional regional resources impacts will be affected by these changes. Multi-iurisdictional Issues There are no multi-jurisdictional impacts related to the proposed changes. Need For Reassessment Of The DRI Based on staff review we have concluded that the NOPC has provided sufficient evidence to rebut the presumption of a substantial deviation as allow for in Chapter 380.06(19)(e)3. Furthermore, staff has concluded in accordance with Chapter 380.06(19)(a) F.S. that the proposed changes do not "create a reasonable likelihood of additional regional impacts, or any type of regional impact not previously reviewed by the regional planning agency." Therefore, there will be no need to reassess the regional impacts of the projects." Acceptance Of Proposed D.O. Language The proposed development order amendment language contained within the NOPC is acceptable to staff to address the proposed changes. RECOMMENDED ACTIONS: I. Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant tha' the proposed changes do not create additional regional impacts or any regional impacts not previously reviewed by the regional planning council, and the Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. Request Collier County provide a copy of the proposed DO amendment to the Council to assure that it is consistent with the NOPC. 6/02 NOV 1 9 200 L. II II II II II II II M~p H-I Master' Plan J ,iii i. NOV 1 g 200:? EXECUTIVE SUMMARY REQUEST THE BOARD ADOPT AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001-76, AS AMENDED, WHICH CREATED THE LIVINGSTON ROAD PHASE II BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION SIX TO INCREASE THE NUMBER OF MEMBERS WHO SERVE ON THE ADVISORY COMMITTEE FROM FIVE TO NINE; PROVIDING FOR AMENDMENT TO SECTION SIX TO LIMIT MEMBERSHIP ON THE ADVISORY COMMITTEE TO THREE MEMBERS FROM EACH SUBDIVISION OR COMMUNITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: For the Board to adopt an Ordinance amending the Livingston Road Phase Il Beautification MSTU Ordinance 2001-76 to increase the committee size from 5 members to 9 members, while limiting the number o£ members to no more than three from each subdivision or community. CONSIDERATIONS: The Livingston Road Phase II Beautification MSTU requested staff at their September 12, 2002 to h~vc tl~cir amended Ordinance changed to increase the number of committee members from 5 to 9, ':' ~' x, ,~., no more than three members from any one subdivision or community. FISCAL IMPACT: None GROWTH MANAGEMENT I.~ ! }'A CT: None RECOMMENDATION: That thc Board adopt an Ordinance amending Phase II Beautification MSTU Ordinance 2001-76. .~-~/~4, ;eter s~i ' ~r,°i e ~t'; Mf~pn'ig er.~./,~ ~.~4~d~~.~ REVIEWED BY: f./:_~'.(;~,'.:5_ :4 L-~_6 ._'- --_. Micha,ei/A. Etel~m~iki, P.E. Road Maintenance Director APPROVED BY: '~' ':~'-o~ Norman E. Feder. AICP, Transportation Administrator / the Livingston Road I NOV 1 9 2002 I 2 3 4 5~ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ORDINANCE NO. 2002- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001-76, AS AMENDED, WHICH CREATED THE LIVINGSTON ROAD PHASE II BEAUTIFICATION MUN1CII'AL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION SIX TO 1NCREASE THE NUMBER OF MEMBERS WHO SERVE ON THE ADVISORY COMMITTEE FROM FIVE TO NINE; PROVIDING FOR AMENDMENT TO SECTION SIX TO LIMIT MEMBERSIP ON THE ADVISORY COMMITTEE TO THREE MEMBERS FROM EACH SUBDIVISION OR COMMUNITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 11, 2001. die Board of County Commissioners adopted Ordinance No. 2001-76 which created the Lixingston Road Phase Il Beautification Municipal Service Taxing D/strict; and WHEREAS, on March 26, 2002, the Board of County Commissioners adopted Ordinance No. 2002-14 to amend Section Six of Ordinance No. 2001-76 to allow properly owners and appointed representatives of property owners to serve on the Advisory Committee; and WHEREAS, the Board of County Co.T. missioners desires to increase the membership of the Advisory Committee from fi,, e (5) membe:'s to nme (9) members. NO\V. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: SECTION ONE: AMENDMENT TO SECT[ON SlX OF ORDINANCE NO. 2001-76, AS AMENDED. Section Six is amended to read as follows: SECTION SIX: CREATION OF THE LIVINGSTON ROAD - PHASE II BEAUTIlZICATION ADVISORY COMMITTEE; APPOINTMENT AND COMPOSITION A. There is hereby created and es:ablished the Livingston Road - Phase 11 Beautification Advisory. Committee, hereinafter referred to as the "Committee". The Committee shall consist of 5:'e (5) nine {9) members that generally represent the area within the MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the Board el County Commissioners. Said members shall be permanent residents, property awners or appointed representatives of property owners within the MSTU and electors of Collier County. The Board of County Commissioners shall consider appointment of members from different subdivisions 1 Words Underlined are added; Words Su-uck Through are deleted. NOV 1 9 2002 i 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 42 43 46 47 · or communities within the MST-..J. No more than three (3) members shall serve on the Advisow Committee fron- each subdivision or commumt¥, unless there are no other applicants to fill a vacant v. Appointment of members to fie Committee shall be by resolution of the Board of County Commissioners, whic}: resolution shall set forth the date of appointment and the term of office. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for exl:enses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION TWO: INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shal become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The secnons of the Ordinance may be renumbered or re- lettered to accomplish such, and the ',:a:d "ordinance" may be changed to "section," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ord:nance conflicts w:th an3 other Ordinance of Collier County or other applicable law, the more restrictive shall apl:l.x If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon 5hng with the Florida Department of State. PASSED ANT) DULY ADOPTED b3' the Board of Count.~ Commissioners of Collier County, Florida, this __ day of .2002. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONrERS OF COLLIER COUNTY, FLORIDA .TAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Anomey Words Underlined are added; Words Struck Thr-gugh are deleted. .o. . NOV 1 9 2002 Pg. EXECUTIVE SUMMARY REQUEST THE BOARD ADOPT AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 96-84 WHICH CREATED THE RADIO ROAD BEAUTFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION THREE TO EXPAND THE PURPOSE TO INCLUDE THE COST FOR CURBING, WATERING FACILITIES, PLANTINGS AND MAINTENANCE OF THE MEDIAN AREAS OF ANY PUBLIC ROADWAY ADJOINING RADIO ROAD WITHIN THE BOUNDARIES OF THE UNIT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS OBJECTIVE: For the Board to adopt an Ordinance amending the Radio Road Beautification MSTU Ordinance 96-84 to include the costs for curbing, watering facilities, plantings and maintenance of the median areas of any public roadway adjoining Radio Road within the boundaries of the unit. CONSIDERATIONS: The Radio Road Beautification MSTU requested staff at their September 17, 2002 to have their Ordinance amended to include the maintenance costs for Devonshire Boulevard FISCAL IMPACT: Funds are available in the Radio Road Beautification MSTU Fund (150) source of Funds are Ad Valorem Taxes to pay for the additional services to maintain the Right- of-way plantings on Devonshire Boulevard. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Beautification MSTU Ordinance 96-84. SUBMITTED BY: Bob Petersen, Project Manager /l REVI]EWED BY: R~f~ a~tenancT~rt~nt- APPROVED BY: // Not/man/E. Feder,~ AI~P, Transportation Administrator That the Board adopt an Ordinance amending Radio Road DATE: DATE: No \'3 , NOV 19 2002 1 2 3 4 5 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O ~2 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 ORDINANCE NO. 2002- AN ORDINANCE AS[ENDING COLLIER COUNTY ORDINANCE NO. 96-84 '~,~IICH CREATED THE RADIO ROAD BEAUTIF1CATZON MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION THREE TO EXPAND THE PURPOSE TO INCLUDE THE COST FOR CURBING, WATERING FACILITIES, PLANTINGS AND MAINTENANCE OF THE MEDIAN AREAS OF ANY PUBLIC ROADWAY ADJOINING RADIO ROAD WITHIN THE BOUNDARIES OF THE ['NIT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 17, 1~'6, :he Board of County Commissioners adopted Ordinance No. 96-84 which created the Rad:o Road Beautification Municipal Service Taxing Unit CMSTU"); and WHEREAS, on September [7, 20~32, the Radio Road Beautification Municipal Service Taxing Unit Advisory Board voted to inzlude the cost of maintenance of the medians on Devonshire Boulevard in the fiscal ','ear '92/~2 b.~dget: and WI-IEREAS, the Board of County Cvmmissioners desires to change the Ordinance to allow median and right-of-way work on R~:l:e Read and an5' adjoining public road within the MSTU boundaries. NOW. THEREFORE, BE IT PESOLVED BY TH]i; BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN'I Y. FLORLDA that: SECTION ONE: AMENI)MENT TO SECTION THREE OF ORDINANCE NO. 1996-84. Section Three is amended to read its follev,..~ SECTION THREE: PURPOSE A'.',T~ GOVERNLNG BODY. The MSTU is created for the purpose of providing curbing, watering facilities, plantings and maintenance of the median areas for that port,on of Radio Road lying between Airport- Pulling Road tCounty Road 31) and Santa Earbara Boulevard and for any adjoining public road within the MSTU boundaries. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance s}'~ll become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. T_he sections of the Ordinance may be renumbered or 1 Words Underlined are adde :1; Words ¢ ..... ~. 'r. ..... t. are deleted. I 2 3 4. 5 6 '7 $ 9 i0 11 12 13 14 15 16 17 I$ 19 20 2I 23 24 25 26 27 25 29 30 31 32 33 34 35 36 3'/ 38 39 40 re-lettered to ~ccdmplish such. and or an3' other appropriate word. the ward "ordinance" may 1Se changed to "section," SECTION 'FltREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflic:s ,v/th an3, other Ordinance of Collier County or other applicable la~, the more restrictive shall ap-~ly. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of c .mlpetent jurisdiction, such portion shall be deemed a separate, distinct and independent provisior and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED >? the Board of County Commissioners of Collier County, Florida, this __ day of .2002. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency: Heidi F. Ashton Assistant Count)' Attorney 2 Words Underlined are adde& Words S:rack T.U. rv::.gh am deleted. p ""-"'m ~-LTEM No.~t NOV 19 2002